(2) Wasiat hanya diperbolehkan sebanyak-banyaknya sepertiga dari harta warisan kecuali apabila semua ahli waris menyetujui.Â
(3) Wasiat kepada ahli waris berlaku bila disetujui oleh semua ahli waris.Â
(4) Pernyataan persetujuan pada ayat (2) dan (3) pasal ini dibuat secara lisan di hadapan dua orang saksi atau tertulis di hadapan dua orang saksi di hadapan Notaris.
According to the aforementioned explanation, Islamic law essentially permit you to leave your girlfriend or boyfriend a will. The amount, however, should not exceed one-third (1/3) of your inheritance.
Based on Customary Law
Based on Lex et Societatis, Vol. V/No. 1/Jan-Feb/2017, the three things that differentiate customary inheritance law from other inheritance laws are as follows.
In contrast to Islamic and Western inheritance laws, there is no equivalent of the legiteime portie or absolute part in customary law.
The rights of beneficiaries to demand that the inheritance be shared as soon as possible is not recognized under customary inheritance law.
According to customary law, inheritance property is not a unit that is valued for its market price but rather a unit that cannot be separated based on the types and interests of the beneficiaries.
According to the same source, basic guidelines of customary law include:
According to the replacement of place or plaatsvervulling concept recognized by customary law, a child is the beneficiary of his father and as such, the children of the deceased may take the position of the child.
If inheritance cannot be passed down through the generations (from parents to children), it might be distributed either upwards or sideways (to grandmothers or siblings).
