Chinese are one of the foreign ethnic groups who built culture and civilization in Indonesia, where their ancestral origins came from China (China). The history of the existence of Chinese people in Indonesia has existed for quite a long time. Various sources indicate that the Chinese were present in Indonesia since the 5th century with the visit of Pastor Fa Hien in Malacca in 414, followed by Reverend I Tsing in 671, then Reverend Ch'ang Chun in the 7th century and Reverend Chia Tan in the 8th century, but these voyages were only expeditionary, not migratory voyages. The original purpose of their arrival was to trade in commerce. It was only in the 16th century to the 19th century that ethnic Chinese ancestors flocked to come and migrate to Indonesia. Chinese ethnic people have a very striking tendency, namely to create their own environment, live exclusively while maintaining customs and preserving the traditional culture of their ancestors [1].

The first news about the existence of the Chinese Muslim community on the island of Java came from Haji Ma Huan, a secretary and interpreter for Cheng Ho (Zheng He). Ma Huan had attended Cheng Ho's benevolent mission at least three times. Each of them is the fourth goodwill (1413 AD-1415 AD), the sixth goodwill (1421 AD-1422 AD) and the seventh goodwill (1431 AD-1433 AD). From some of his goodwill journeys, Ma Huan had the opportunity to see up close how the life of the Chinese Muslim community was. At that time, many Chinese Muslims were already residing in port cities, especially on the North Coast [2].

If in the 14th to 16th centuries in the archipelago, Islamization or the spread of Islam was taking place, then at the same time in that century Chinese immigrants had entered the archipelago. It can be concluded that Chinese Muslims played a role in the spread of Islam in the archipelago, including an explorer from China who was a Muslim named Cheng Ho or Zheng He or Sam Po Kong who had visited Indonesia. This fact is evidenced by the participation of Chinese Muslims in building the Sultanate of Demak. Where the Sultanate of Demak was the center of  Islamic government  in  the  archipelago at that time.

These Chinese Muslims are interpreters of the Hanafi school of thought who later built mosques in the Semarang area [3]. The Muslim Chinese ethnic community is part of the life of the nation and state as one of the features of the social identity of the archipelago. Even today, the Chinese Muslim community already has organizations that serve as a forum to protect them, such as the Indonesian Chinese Islamic Association (PITI) which was founded on April 14, 1961 by Abdul Karim Oei Tjeng Hien, Abdusomad Yap A Siong and Kho Goan Tjin.

The family in the view of Chinese customs is considered a community cell, the basic unit of society itself because each family member cannot be separated from one another. The existence of religious differences in an ethnic Chinese family indicates that there are opportunities for inheritance between them. For example, Chinese heirs who are Muslim while non-Muslim heirs or vice versa are Muslim heirs while heirs are non-Muslims. Although in the distribution of Chinese customary inheritance there is no problem with the religion of the heirs or heirs, Islam has essential principles and should be considered for the Chinese community who are Muslim [4].

Currently, inheritance law regulations in Indonesia cannot be unified and are still plural in nature, where there are several systems of inheritance rules that exist and coexist in society. The inheritance law consists of conventional civil inheritance law, Islamic inheritance law and customary inheritance law. This diversity of inheritance law is increasingly visible because the applicable customary inheritance law is not singular, but varies according to the form of society and the family system of the Indonesian people. The ethnic Chinese community still adheres to their melting tradition and tends to use Chinese customs in the distribution of inheritance. As it is known that the kinship system in the ethnic Chinese community is partilineal where the lineage is drawn from the male side of the family. In the distribution of inheritance, Chinese custom distinguishes the position between sons and daughters. According to the inheritance customs of the Chinese community, the eldest son has a higher position in the family than the daughter. Therefore, boys are more entitled to receive heirlooms and inheritances that are passed down from generation to generation. Even the ashes of ancestors or parents who have died also have to be cared for by boys.

Inheritance law is the realm of family law and is one of the parts regulated in civil law as a whole. Inheritance law is closely related to the scope of human life, because every human being will experience a legal event called death. The legal consequences that then occur with the legal event of a person's death include the problem of how to manage and continue the rights and obligations of someone who dies. With so many Chinese people converting to Islam, where Islamic inheritance has a different inheritance distribution system from the inheritance system of the ethnic Chinese community, it is very important to study and develop it because religion which is the social identity of the community clearly influences the distribution of inheritance, no exception. with ethnic Chinese Muslims in Indonesia [5].

Based on the description above, of course, the distribution of inheritance in ethnic Chinese communities who use their ancestral customs is different from the Islamic inheritance system that applies in Indonesia. Therefore, the writer is interested in conducting a research entitled: The rights of different religions of the heirth of different religions on the health of chinese muslims by the compilation of islamic law. Based on the title, the author examines and analyzes a research problem, namely: How are the rights of non-Muslim heirs to the inheritance of Chinese Muslim heirs based on the Compilation of Islamic Law?

This type of research is normative legal research, namely legal research that puts the law as a building system of norms. The norm system that is built is about principles, norms, rules from laws and regulations, court decisions, agreements and doctrines (teachings) [6]. The nature of the research used in this study is descriptive research. This study uses a normative juridical approach through legislation. Data collection techniques are carried out through library research in the form of collecting books, written materials and references that are relevant to the research being carried out.

Inheritance law is all provisions governing a person's wealth after death. Inheritance law also accommodates efforts to transfer assets left by someone who dies and the consequences for his heirs [7]. Inheritance itself comes from the Arabic root, namely waratsa-yaritsu which means the transfer of property rights from one person to another after the owner dies. The word fara'id is widely used in fiqh books because it has the same meaning as the word Mawaris. Said fara'id this It is also used in many hadiths of the Prophet Muhammad to refer to the term inheritance which means a certain part which is divided according to Islam to all who are entitled to receive it and whose parts have been determined [8].

According to Hasbi ash-Shiddieqy, inheritance is defined as a science that learns about who gets an inheritance and who does not get it, how many levels are received by each heir and how it is distributed. Meanwhile, Hilman Hadikusuma defines Islamic Inheritance Law as the rules governing the rights of male and female heirs to the distribution of inheritance of deceased heirs based on Allah's decree [9,10]. Broadly speaking, Islamic Inheritance Law is a law that contains provisions relating to the transfer of rights and obligations over the assets of someone who has died to their heirs based on Islamic law sourced from the Qur'an and Hadith. Islam which is intended for the Muslim Chinese community is no different from the non-Chinese Muslim community because it refers to the same rules, namely the rules contained in the Compilation of Islamic Law (KHI).

In this paper, what is meant by different religions is that the religion adopted between the heirs (muwaris) and the heirs is different. Whereas what is meant by different religions can hinder inheritance is the absence of the right to inherit from each other between a Muslim and an infidel (non-Muslim) even though there are reasons for kinship or because of marriage. Religious differences are an inheritance barrier that can invalidate a person's right to inherit inheritance. In other words, barriers to inheritance are actions or things that can invalidate a person's right to inherit the inheritance after the reasons for inheriting [11]. This also applies to the Chinese community who are Muslim not to inherit from each other with family members of different religions.

Islamic Inheritance Law closes the possibility for someone to get an inheritance if there are inheritance barrier factors. These factors include murder, religious differences and slavery. The majority of scholars have the opinion that as long as there are religious differences between the muwaris (heirs) and their heirs, they are prevented from inheriting each other. Some scholars have added one more thing as a barrier to the right to inherit, namely apostasy or changing religions. People who have left Islam are declared apostates. In this case the ulema made an agreement that apostasy is included in the category of religious differences, therefore apostates cannot inherit Muslims [12]. As the words of the Messenger of Allah narrated by Usama bin Zaid's friend which means "No Muslim inherits a disbeliever, nor does a disbeliever inherit a Muslim." (HR: Bukhari and Muslim) [13]. Jumhur Ulama agreed that non-Muslims (kafir) cannot inherit the property of Muslims because of the lower status of non-Muslims (kafir) [14,15].

If there is an heir of a different religion and then converts to Islam some time after the heir dies, while the inheritance has not been distributed, then the heir is still prevented from getting an inheritance. Because the right to inherit is open since the death of the heir, not when the distribution of the inheritance begins, where at the time of the death of the heir, he is still in a non-Islamic state (kafir). So, it can be ascertained that they are in a state of different religion. Therefore, heirs who are Christians, Catholics, Jews, Hindus, Buddhists and so on do not inherit property from Muslims and vice versa. This is based on the hadith narrated by Osama bin Zaid above, as well as a history which explains that when the uncle of the Prophet, Abu Talib died, he left 4 children, namely: Ali, Ja'far, Uqail and Talib. Where Ali and Ja'far are Muslims, while Uqail and Talib are both still infidels. Therefore, the Messenger of Allah (PBUH) distributed Abu Talib's inheritance to Uqail and Talib. Well-known scholars from the Companions, Tabi'in and Imams of the Four Schools are of the opinion that Muslims cannot inherit infidels for any reason. Therefore, a Muslim husband cannot inherit the property of his infidel wife and vice versa.

The existence of Islamic Inheritance Law in Indonesia was first marked by the compilation of the Compilation of Islamic Law (KHI) through Presidential Instruction No. 1 of 1991 where the rules are sourced from the Qur'an and Sunnah. Materially, the rules in the KHI are then used by the Religious Courts to resolve cases related to the law of marriage, inheritance and waqf. Regarding non-Muslim inheritance rights, the Compilation of Islamic Law refers more to the opinion of classical scholars who assert that religious differences between heirs and heirs are a barrier to the inheritance process. This can be read in the Compilation of Islamic Law (KHI) in Article 171 (b) which states that: "The heir is a person who at the time of death or who is declared dead based on the decision of the Islamic Court, leaves the heirs and inheritance." Then in the KHI with the same Article 171 (c) it states that: "The heir is a person who at the time of death has a blood relationship or marital relationship with the heir, is Muslim and is not hindered by law from becoming an heir". The provisions of a person's religion can be determined through his identity, this is clear in Article 172 of the KHI which reads: "Heirs who are considered to be Muslim if it is known from an identity card or confession or practice or testimony, while a newborn baby or child who is not yet an adult is religious. according to his father or his environment”.

The provisions in the KHI are not explicitly stated that religious differences are a barrier to inheriting, but Article 171 letter (c) of the KHI states that heirs and heirs must be Muslim. If one of them is not Muslim, then the two of them cannot inherit from each other, so the provisions of inheritance rights are automatically cut off when it comes to religious differences. The rules in KHI are completely based on the opinions of classical scholars, especially Imam Shafi'i. Even in the Circular Letter of the Bureau of Religious Courts dated February 18, 1958 Number B/1/735, the material law which is used as a guide in the legal fields of KHI is sourced from 13 (thirteen) books, all of which are from the Shafi'i school [16].

In article 209 of the Compilation of Islamic Law, the term wasiat obligatory is known. A mandatory will is an implementation of a will or a message that must be implemented and addressed to the person left behind. At first, the mandatory will arose to resolve the problem between the heir and his adopted child and vice versa the adopted child as the heir with his adoptive parents. Mandatory wills are also intended for heirs or families, especially grandchildren who are prevented from receiving inheritance because their mother or father died before their grandfather or grandmother died, because based on inheritance law there are heirs of uncles or aunts who are closer to the grandson. On the phenomenon, the Abu Muslim Al-Ashfahany found was borrowed is a testament allocated to the heirs or relatives who do not acquire part of the estate of the deceased, because of a hitch that is syara.

The amount of the mandatory will is not more than 1/3 part of the property left behind. The concept of 1/3 inheritance is based on the hadith of the Prophet Muhammad through the narration of Sa'ad bin Abi Waqash's companions. This hadith became a reference for Egypt, which was the first to legislate mandatory wills in Law Number 71 of 1946. Since August 1, 1946, Egyptians who did not make a will before they died, the descendants of their children who died earlier than the heirs were given a mandatory will which may not exceed 1/3 (one third) of the inheritance of the testator [17]. This regulation was later adopted in the Islamic Inheritance Law in Indonesia as stated in article 209 in the Compilation of Islamic Law. As for the condition that it must not exceed 1/3 (one third) of the inheritance, it is to protect the share of other heirs.

In formal juridical terms, the provisions in the Compilation of Islamic Law, especially in article 209, are understood that the mandatory will is only intended for adopted children and adoptive parents. However, the complexity of society in Indonesia makes judges have to leave the existing formal juridical, namely by using thefunction rechtsvinding which is justified by positive law if there is no governing law. In addition, the Compilation of Islamic Law in Article 229 also provides the authority for judges to resolve cases by taking seriously the legal values ​​that live in society so as to give decisions that are in accordance with a sense of justice. In the legal system in Indonesia, will institutions including mandatory wills become absolute competence of the Religious Courts based on Law Number 7 of 1989 concerning Religious Courts as amended by Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Courts Religion. In principle, judges have the authority to use their function as rechtsvinding or in Islamic law it is called ijtihad as an alternative [18].

Basically, the decisions of rechtsvinding or judges' ijtihad in deciding a case are issued to fulfill the principle of justice for heirs who have a real emotional relationship with the heir. The judge guarantees justice for people who have an emotional relationship with the heir through the mandatory will institution. A child or wife/husband of a different religion and has long lived peacefully side by side and has a high level of tolerance with an heir who is Muslim should not be damaged by an inheritance case. Deviations made will provide more benefits than harm. Although the consideration of each judge may vary regarding the amount of the mandatory will in each case, there is a principle that serves as the basis for imposing the amount of the mandatory will, namely the principle of balance [19]. A mandatory will is given on condition that it does not interfere with the position of other heirs. The part of the inheritance that is intended for the recipient of the will is obliged to be given of the same degree. Girls who are not Muslim get the same share as their position as daughters. Likewise, the position of the wife/husband who is not Muslim, will get the same share of his position as a wife/husband. Ijtihad performed by this judge is not imperative but facultative. Where the use of these decisions if there is a dispute and vice versa if there is no dispute then still apply Islamic law.

Based on the description that has been stated above, it can be concluded that in Islamic law which is sourced from the Qur'an and Hadith and the Compilation of Islamic Law clearly states that religious differences are a barrier to inheriting each other. The family in Chinese tradition is considered as a unit that cannot be separated from one another. In order to avoid conflicts between the heirs, the implementation of a fair and balanced distribution of inheritance can be carried out in a familial way. According to the Islamic Inheritance Law, the distribution of inheritance in ethnic Chinese communities of different religions where the heirs are Muslim and non-Muslim heirs can be done with a mandatory will. Mandatory wills can be given to heirs or relatives of the ethnic Chinese Muslim community who do not get a share of the inheritance from the person who died because of an inheritance barrier, namely religious differences. There is a difference in the amount of the mandatory will that can be obtained by heirs of different religions. Based on article 209 of the Compilation of Islamic Law, the part of the mandatory will not exceed 1/3 (one third) of the inheritance left behind. This is intended to protect the share of the other heirs.

Suggestions for this research is that it is necessary to reform the regulations in the Compilation of Islamic Law (KHI) to regulate the distribution of inheritance to heirs of different religions. The rules for inheritance of different religions in the KHI should not only contain general rules but must be specific provisions with more detailed explanations so that there is no misinterpretation of existing rules or provisions.

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