Typology of Compulsory Will Arrangements in Some Muslim Countries

This paper intends to look at the arrangements related to the provisions in the distribution of inheritance in several Muslim countries and group mandatory wills into clusters. This research uses a literature study (Library Research) that explores data based on pre-existing data with a comparative juridical approach that will be a comparison of laws from one country to another. The findings in this study that there are similarities and differences in the provisions of mandatory wills in various Muslim countries. The similarity can be seen from the clusters formed, namely there are 4 clusters related to the division of the State based on mandatory will regulations. The first cluster is Indonesia and Kuwait, the second cluster is Malaysia, Egypt and Tunisia. While the third cluster is Syria, Jordan, Morocco


Introduction
Regarding inheritance law, there is known to be inheritance by intestate and inheritance by testament. Inheritance by intestate can occur due to kinship, blood type, and marital relations. While testament inheritance is the division of inheritance due to a will. (Nasrun & Fathoni, 2020) In this article, the author refers more to the inheritance of testaments that discuss mandatory wills both in Southeast Asia and other muslin countries.
Of course, the policies or regulations of each country are different from one another, but whether there are similarities from various aspects. Before going any further, we may be able to understand the meaning of the mandatory will itself.
A will is a property or inheritance that a person gives to another person or several people after he dies or frees his slave. Either explain frankly in the will or not explain. Alwajib in general is a permanent imperative. (Shesa, 2018) In general, a compulsory will is a will given to a certain person under certain circumstances by the state through judicial channels. (Syafi"i, 2017)  The discussion of mandatory wills, especially in various countries, has indeed been widely discussed both in journals, books, articles and others. An example is the work entitled "Wâjibah Wills Provisions in Various Contemporary Muslim Countries" by Sri Hidayati which discusses compulsory wills in several Muslim countries that look at their provisions. While in this article look more at grouping by country as well as its provisions.
Hayula, P-ISSN: 2549-0761, E-ISSN: 2548-9860 Page 145 The arrangement of compulsory wills in some Muslim countries arises because of differences in the arrangement and interpretation of Islamic law regarding compulsory wills in different countries. A mandatory will refers to a will that a Muslim must fulfill in accordance with the provisions of sharia or Islamic law. (Setiawan, 2017)  Mandatory wills certainly have their own regulations in each country, especially in the Southeast Asian region and also other Muslim countries. Each country has different regulations and also different provisions or procedures, but if examined further there are also some similarities between the provisions between countries. Therefore, in this article, the author wants to see the typology or grouping of mandatory will provisions when viewed from several countries and also the regulations that govern them.

Reseach Methode
This research uses a literature study (Library Research) that explores data based on pre-existing data with a comparative juridical approach that will be a comparison of laws from one country to another. The data collected with discussion, and literacy studies of mandatory wills, especially in various countries, has indeed been widely discussed both in journals, books, articles and others. An example is the work entitled "Wâjibah Wills Provisions in Various Contemporary Muslim Countries" by Sri Hidayati which discusses compulsory wills in several Muslim countries that look at their provisions. While in this article look more at grouping by country as well as its provisions.

Indonesian
The issue of this mandatory will is also stated in the Compilation of Islamic Law in Indonesia (KHI), namely in article 185 (to the children (descendants) of wa/idain clan aqrabin in general), and article 209 (to children/ adoptive parents). (Yusuf Somawinata n.d.) In these provisions, there are several things related to the application of compulsory wills in Indonesia, including first, there are 2 parties who are entitled to compulsory wills, namely adopted children and adoptive parents. Secondly, the Granting of a will is not by the testator but by the state as a compulsory will, and Third is the receipt of a compulsory will of as much as 1/3 (one-third) of the heir's estate. Court National work meeting, namely in terms of recipients not only adoptive parents and also adopted children but also legal children who based on the results of the Rakernasini are entitled to earn a living and a mandatory will from their father.
In addition, the stepsons who were kept since childhood who were previously not entitled to the inheritance of their step-parents because they were not related by blood, but the results of this National Assembly provided an opportunity for the stepdaughter to obtain part of the property through the institution of the Compulsory Will, noting that the stepson had indeed been de facto maintained by Pewasiat since childhood. (Destri Budi Nugraheni 2014)

Malaysia
The compulsory will in Malaysia only applies to a few states including Selangor, Melaka, and Sembilan, especially most of its Muslim community that adheres to the Shafi;i sect. ( Code which contains the rules of inheritance without a will, adopted from the Swiss Civil Law. This Law also replaces the Hanafi Law that was in force before until 1926 which regulated inheritance without a will. (Fitria 1951) The principle of inheritance views equality between men and women where men and women get the same share ( The Turkish state does not clearly regulate the will whose legislation refers to the Turkish Islamic Law, 1926. The country only regulates inheritance that states the division for men and women equal or equal including for children and does not regulate related to adopted children because it prioritizes gender equality.

Egypt
Egypt was the first Islamic state to form a statute of compulsory wills officially and was Secondly, if the testator gives a will in excess of the amount that should have been given through the will of the wâjibah, then the excess is a will of endeavor, but if the amount is smaller than it should be, it must be fulfilled. Thirdly, if there is a will for some and not to the other of those entitled to receive a wâjibah will, then to the non-willed it must be given according to its share. Seventh, the will of the wâjibah takes precedence over the The reason is that the granddaughter of the daughter is classified as dzawil arham.
Their position is in line with the legal rules of inheritance adopted by the sunni jurisprudence of madzhab al-Shafi'i that dzawil arham is not entitled to inherit as long as there are heirs of fard and 'ashabah. (Hisyam Qublan 1971)

Suriah and Morocco
Marokko with regard to inheritance matters are codified in the Marokko Act Both of these countries used the concept of a Compulsory Will against grandchildren as done by Egypt but went through some changes. They make provisions that give a mandatory will to the children or grandchildren of the sons but do not apply to the children or grandchildren of the daughters.

Tunisia
Tunisia is one of the republican countries located in North Africa and also regulates the 1984) The provisions in this country provide that a compulsory will be granted to direct descendants of both male and female lineages.

Pakistan
Pakistan, there was a radical change in the inheritance of isam law that had been in effect so far, both for sunni and shi'a factions, namely introducing the doctrine of refesentation, or commonly known as the compulsory will. Regarding inheritance stipulated in the Muslim Laws Ordinance 1961, a provision regarding the right of inheritance of grandchildren that if the son of the heir is dead or a society before the inheritance, the grandsons of the heir get the amount of inheritance of their respective father or mother's share as if they were still alive. (Tohir Muhammad 1972)

It is not made clear whether in Pakistan there is a Compulsory Will or not only that
Pakistan is taking a different path from the initiative taken by Middle Eastern countries in dealing with the issue of grandchildren (orphans) i.e. giving to grandchildren and women to receive equal shares that their parents would have received had they been alive at the time of the division of inheritance.

Iran from Iraq
Iraq provides for inheritance provisions according to the madzhab it adheres to in the Act stipulates that they apply to their madzhab regulations and their customs in personal status, inheritance, and wills.(Abdullah Siddiq 1984) The arrangement of inheritance as well as wills in iraq and iran is determined based on the use of the madzhab adopted. However, for compulsory wills not specified in writing only the will is mentioned in general.

Kuwait
The arrangement of kuwait's compulsory will is set out in Qanun al-Washiyah al-Wajibah 1971 which contains only 4 articles which benefit the children of the deceased boys all the way down. As for the line of first-generation daughters alone, the mandatory will must not exceed one-third of the property left by the mayit. (Erniwati, 2018) In this country the arrangement of compulsory wills is prescribed but there are exceptions for female offspring only the first generation is different from male offspring who continue to go down.

Cluster Differences Based On Mandatory Will Regulations In Some Muslim Countries
Clustering or commonly known as Clustering is a division based on class or grouping based on class / which is considered palling close. In this article, the clustering of mandatory wills in several Muslim countries including Asia can be divided into 4 clusters, and the determination of these clusters is determined through the same provisions or the number of wills given, including: Beneficiaries of Wills and also validity, including:

Islamic Law
Indonesia and Kuwait are Muslim majority countries, but have different legal systems.
Indonesia has a legal system based on civil law with the influence of Islamic law, while Kuwait applies a legal system that is more based on Islamic law directly.

Percentage Share
In Indonesia, mandatory wills must not exceed one-third (1/3) of the total estate. The remainder will be divided in accordance with the provisions of Islamic law regarding inheritance to obligatory heirs. In Kuwait, the proportion that can be probated depends on the number of obligatory heirs. If there is one obligatory heir, the proportion is half (1/2) of the estate. If there is more than one obligatory heir, the testamentary proportion may be reduced to one-third (1/3) or one-quarter (1/4) of the estate.

Beneficiaries of Wills
In Indonesia, mandatory wills must be given to obligatory heirs who have been specified in Islamic law, such as children, spouses, parents, or other closest relatives. In Kuwait, compulsory wills are also addressed to compulsory heirs, but the proportion that can be willed depends on the number of obligatory heirs and the rules in force in Kuwait.

Drafting and Validity
Inboth countries, mandatory wills must be drafted in writing and must meet certain conditions in order to be considered valid. These conditions include the existence of a reasonable testator, the minimum age of the testator, and the testimony of adequate witnesses. The second cluster is Malaysia, Egypt and Tunisia. These countries are grouped in this cluster because they have similarities that state mandatory wills are intended for grandchildren (both male and female) from the line of sons of the first generation with a share of not more than 1/3. So this country only provides mandatory wills for grandchildren of the first son in the family, the criteria for grandchildren can be for grandsons or granddaughters but the maximum limit is 1/3 of the testator's estate. While the difference lies in Islamic Law, Obligatory Heirs and Division of Inheritance. Here's the division: Islamic Law. Islamic family law. Tunisia implements a civil law system influenced by France. Tunisian law has no specific provisions governing mandatory wills in their family law.

Heirs Mustah
Malaysia recognizes the concept of compulsory heirs who must get a share of the inheritance property, such as children, spouse, parents, and other closest relatives. Egypt recognizes obligatory heirs who must get a share of the estate, such as children, spouses, parents, and other closest relatives.

Distribution of Inheritance
Malaysia has provisions on the division of inheritance in accordance with mandatory wills. The testamentary share should not exceed one-third of the total estate, and the rest should be distributed in accordance with the provisions of Islamic law. Egypt sees restrictions on the share that can be testified, and most property must be divided in accordance with the provisions of Islamic law on inheritance. Tunisia recognizes discretionary wills, which allow testators to freely give property without special restrictions on obligatory heirs. However, this is not the same as the concept of a compulsory will which regulates the specific rights of obligatory heirs. The third cluster is Syria, Jordan, Morocco, and Syria. The country has similarities in the provisions of compulsory wills that only grandchildren of sons are given compulsory wills, while grandchildren of daughters are not given. While in terms of how many wills are not determined. While the differences are as follows: Legal System Syria implements a legal system based on civil law with the influence of Islamic law.
Jordan implements a legal system based on civil law with the influence of Islamic law.Morocco , meanwhile, implements a legal system based on civil law with the influence of Islamic law and customary law traditions. Syria also implemented a legal system based on civil law with the influence of Islamic law.

Heirs Mustah
Syria recognizes obligatory heirs who must get a share of the estate, such as children, spouses, parents, and other closest relatives. Jordan recognizes obligatory heirs who must get a share of the estate, such as children, spouses, parents, and other closest relatives.
Morocco recognizes compulsory heirs who must obtain a share of the estate, such as children, spouse, parents, and other closest relatives. Syria recognizes obligatory heirs who must get a share of the estate, such as children, spouses, parents, and other closest relatives.

Distribution of Inheritance
Syria, the proportion that can be willed depends on the number of obligatory heirs and the rules in force in Syria. Then Jordan, the proportion that can be testified depends on the number of obligatory heirs and the rules in force in Jordan. Morocco, the proportion that can be willed depends on the number of obligatory heirs and the rules in force in Morocco.
As for Syria, the proportion that can be testified depends on the number of obligatory heirs and the rules in force in Syria.

Requirements and Validity
Syria, a mandatory will must meet certain conditions in order to be considered valid, such as the existence of a reasonable testator, the minimum age of the testator, and the testimony of adequate witnesses. In Jordan, a mandatory will must meet certain conditions to be considered valid, such as the existence of a reasonable testator, the minimum age of the testator, and the testimony of adequate witnesses. Morocco, a mandatory will must meet certain conditions in order to be considered valid. Fourth Cluster, Pakistan; Turkish; Iran; Iraq which states that it is not specifically regulated regarding mandatory wills. But for Pakistan and Turkey there is an equal division between men and women, while Iraq and Iran are divided according to the madhhab adhered to.

Legal System
Pakistan and Iran implement legal systems influenced by Islamic law (Sharia) in family and religious matters. In Turkey, although the majority of the population is Muslim, the legal system applied is civil law influenced by the Roman legal tradition. Iraq also had Islamic influence in its legal system, but with the influence of secular law after the collapse of Saddam Hussein's regime.

Heirs Mustah
Mandatory heirs in Pakistan, Turkey, Iran, and Iraq include children, spouse, parents, and other close relatives. They have the right to get a share of the inheritance property.
However, there are differences in the terms and proportions that can be bequeathed to obligatory heirs in each country, depending on the interpretation of Islamic law and applicable family rules. The division of inheritance may vary between these countries. For example, in Pakistan and Turkey, there are limits on the proportion of testamentary property, such as one-third or one-half of an estate. In Iran, the division of inheritance depends on family relations and the number of obligatory heirs. In Iraq, the legal system may vary depending on the part of the country.

Distribution of Inheritance
In the cluster division, there is a type of cluster that is divided into 4 clusters. Each cluster has a State whose rules or regulations are almost the same and are determined based on the number of wills given. In addition, there are also references to legal regulations governing the mandatory will of each State. The following can be seen a table of cluster divisions related to mandatory wills in various Muslim countries.

Conclusion
A compulsory will is a gift given to heirs or closest relatives who do not receive the estate of the person who died due to disability according to shara' and is one of the wishes so that the heirs left behind are not abandoned. This study saw that there are clustering similarities and differences in the provisions of compulsory wills in various Muslim countries. The similarity can be seen from the clusters formed, namely there are 4 clusters related to the division of the State based on mandatory will regulations. The first cluster is Indonesia and Kuwait, the second cluster is Malaysia, Egypt and Tunisia. While the third cluster is Syria, Jordan, Morocco, and Syria. Then finally the fourth cluster is Pakistan, Turkey, Iraq and Iran. The four clusters have similarities that can be seen through the Provisions for Mandatory Wills and also the amount of inheritance obtained.
While the difference lies in several grouping criteria, namely based on Islamic Law applied by Muslim countries, the category of Mandatory Wills, the Presntase of Mandatory Will Distribution, and the requirements for the validity of determining heirs and the division of inheritance. The results showed that there were significant differences in mandatory probate arrangements in the countries studied. This study provides a better understanding of