Pandangan Jasser Auda dalam Pewaris Non Muslim Penerima Wasiat Wajibah dan Dampak Sosialnya

Abstract

This study aims to analyze Jasser Auda’s perspective regarding the acceptance of obligatory wills (wasiat wajibah) to non-Muslims and its impact on inheritance practices in Indonesia. The research employs a library research approach with interpretative methods, analyzing jurisprudence, regulations, and scholarly works, especially Auda’s maqāṣid syarī’ah philosophy. The findings indicate that Auda’s views offer innovative solutions to broaden the scope of obligatory wills by utilizing maqāṣid al-‘ammah and maqāṣid al-khāsah, thus accommodating non-Muslim relatives without conflicting with Islamic legal principles. The conclusion suggests that applying these perspectives has the potential to mitigate social conflicts and strengthen tolerance within Indonesia’s diverse society. The study recommends reformulating regulations and jurisprudence to support the fair and proportional implementation of obligatory wills to non-Muslims.