Heir Substitution in Inheritance Certificate Transfer

Legal Analysis Based on Decisions of the Religious Court

Abstract

This normative legal research analyzes the alignment of judicial decisions on heir substitution with Islamic inheritance principles, focusing on its legitimacy and impact on land rights transfer. It examines laws, religious court rulings, and Islamic legal sources—primarily the Compilation of Islamic Law and fiqh al-farā’id—using both primary and secondary legal materials to assess the validity and consistency of these practices. In Indonesia's plural legal system, inheritance and land rights require formal legal instruments—such as authentic deeds and PPAT involvement—to ensure legal certainty and rights protection. For Muslims, Islamic inheritance must also comply with state procedures, particularly through formalization. Understanding the distinctions between inheritance systems, the role of authentic deeds, and PPAT functions is essential for resolving inheritance cases fairly and lawfully, aligning religious values with national law.