The wajibah will: alternative wealth transition for individuals who are prevented from attaining their inheritance

Purpose - The purpose of this paper is to identify the conditions of the wajibah (obligatory) will under compilation of Islamic law MHO and the application and rationale of wajibah wills in religious justice. The wajibah will is a form of judicial wealth transition that can deliver an inheritance to an heir who is not otherwise eligible for it. It is implemented in some Islamic countries, including Indonesia. based on the KHI. Design/methodology/approach - This is a descriptive qualitative study that uses documentation as a data-collection method. This study applies the content-analysis method to the data collected. Findings - The results of study indicate that, under KM, a wajibah will only be given to adopted children. Nevertheless, in the practice of religious justice, the wajibah will is also granted to heirs of faiths other than Islam and to illegitimate children. The rationale for the wajthah will involves historical factors and public considerations. Originality/value - This paper provides information on the practice of the wajibah will in Indonesia in view of the plurality of the Indonesian people. Thus, the wajibah will is an appropriate instrument to attain justness in the well-being of the community. This paper also attempts to give a critical review of the practice based on five necessities.