Distribution of Inheritance in Islam: Procedures, Terms and Conditions

Distribution of Inheritance in Islam – The religion of Islam is a perfect religion because every matter both concerning worldly affairs and the hereafter has been arranged in such a good way. And, in the Islamic religion upholds the value of justice so that unnecessary disputes and jealousy do not occur, especially towards fellow family members. There is no exception for matters of inheritance in Islam which have been arranged as well as possible so that everyone gets their share equally and fairly.

Wills and inheritance are quite sensitive matters discussed. Because this is related to matters of money and inheritance, which each feels entitled to get. Recently, however, every household has no longer hesitated to apply for inheritance distribution according to Indonesian Islamic law.

More and more people are implementing Islamic Heritage Law in Indonesia. Most of Indonesia’s population is Muslim. In addition, the application of Islamic inheritance law in Indonesia is based on Islamic law, namely the Hadith and Al-Quran, so that people can easily understand it. May humans have faith in Islamic laws that govern their lives to achieve happiness in the world and the hereafter.

For this reason, for Sinaumed’s friends who are Muslim and want to understand more about the science of Islamic inheritance distribution, in this discussion, we have summarized various information related to Islamic inheritance distribution that Sinaumed’s friends can understand and apply later to the family of all Sinaumed’s friends.

Furthermore, we have presented the discussion and can be listened to below!

What is meant by the law of inheritance in Islam?

Inheritance in the sense of Islamic inheritance law is a rule that is stipulated to regulate the transfer or transfer of assets from a deceased person to a person or family, also known as heirs.

Whereas in the preparation of the book of Islamic laws, article 171 explains inheritance rights, which means “Islamic inheritance law is a law designed to regulate the transfer of property rights to heirs of property and determine who has the right to receive and become heirs as well as the number of shares owned by each heir.

For this reason, in Islamic inheritance law there are also rules for determining who is the heir, the number of shares owned by each heir, the type of property to be inherited, or the inheritance to be received by the heirs.

Indonesian Islamic Inheritance Law

In the rules of Islamic inheritance, it does not only discuss the distribution of assets left by the heir. However, there is also a budget related to the transfer of assets left by the heir because he has died. In transferring assets according to the heir to the heir, it turns out that there is still a neat way, namely through a will.

Talking about Islamic inheritance rules which are based on the verses of the Al-Qur’an, matters regarding wills are also found in the Al-Qur’an and also in Indonesian Islamic law. Here are some of those rules:

In surah Al-Baqarah in verse 180, it is explained that a will is an obligation for those who fear Allah SWT. Seeing according to the verse, the understanding according to the will itself is a statement of desire regarding the heir’s assets after his death, which is done before the death.

Not only in surah Al-Baqarah, matters regarding wills are also stated in surah An-Nisa in verses 11-12. In the verse of surah An-Nisa, it is stated that in the Islamic inheritance rules the position of a will is very crucial as a result it must take precedence before distributing the assets left by the heir to his heirs.

Islamic inheritance law in Indonesia is also regulated in the KHI (Compilation of Islamic Law) according to Presidential Instruction No. 1 of 1991. Where KHI is a Legislation concerning matters of Waqf, Marriage, including matters of inheritance. KHI itself is based on the Qur’an and the hadith of the Prophet, which will be used specifically by the Religious Courts to carry out their duties in dealing with family conflicts in Islamic communities in Indonesia.

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KHI contains 3 books, each of which is divided into several chapters and chapters. For the field of Islamic inheritance rules, there is still book II KHI entitled “Inheritance Law”. The KHI book in the field of Islamic inheritance rules consists of 6 Chapters & 44 Articles. The details according to book II of KHI are as follows:

  • Chapter 1 : General Provisions (Article 171)
  • Chapter 2 : Heir (Article 172 – Article 175)
  • Chapter 3 : Amount of Inheritance (Article 176 – Article 191)
  • Chapter 4 : Aul & Rad (Article 192 – Article 193)
  • Chapter 5 : Will (Article 194 – Article 209)
  • Chapter 6 : Inheritance Gifts(Article 210 – Article 214)

For matters governing wills in KHI, they are still in Chapter V to be precise in articles 194 to 209. The contents are around, for example:

Articles 194 to 208 in the KHI Islamic inheritance rules regulate the use of an ordinary will. Whereas in article 209, it regulates more regarding specific wills given to adoptive parents or adopted children.
Article 195 of the KHI Islamic inheritance rules, states that there are still 2 forms of wills, namely express & written (either in the form of private deed or notarial deed). These two forms of wills are believed to be valid if witnessed by at least 2 witnesses.

Procedures for Distribution of Inheritance in Islam

Quoting from a book entitled “Division of Islamic Inheritance” by Muhammad Ali Ash-Shabuni, the procedure for dividing inheritance according to Surah Al-Quran An-Nisa is that the ratio includes half (1/2), a quarter (1/4), one eighth (1/8 ), two thirds (2/3), one third (1/3) and one sixth (1/6) .

1. Half (1/2)

Ashhabul furudh gets half (1/2) is a group of men and four women. This includes husbands, daughters, nephews, siblings, and paternal sisters

2. A quarter (1/4)

The heirs are entitled to a quarter of the inheritance of an heir who only has two husbands and wives.

3. One-eighth (1/8)

The heir to one-eighth of the inheritance is his wife. A wife inherits her husband’s property, whether he has children or grandchildren from her womb or from another wife’s womb.

4. Two-thirds (2/3)

The heirs of two-thirds of the assets are four women. These heirs include biological daughters, nephews, biological sisters and biological sisters.

5. One third (1/3)

Only two of the heirs to a third of the estate are the mother and two siblings from the same mother.

6. One sixth (1/6)

There are 7 heirs who are entitled to one-sixth of the inheritance as father, grandfather, mother, grandson, son, biological sister of father, grandmother, brother and mother. older sister.

Certain Things Make Someone’s Inheritance Void

In Islamic law, there are certain things that make a person’s inheritance null and void. Among them:

1. Slaves

A person who is a slave is not entitled to inherit even from his brother. Because everything that belongs to a slave belongs directly to his master.

2. Murder

Heirs who kill an heir (eg a son kills his father) are not entitled to the inheritance. This is based on the words of Rasulullah SAW:

“No murderer has the right to inherit the property of the person he kills.”

3. Religious Differences

Conditions for heirs to receive inheritance according to Islamic inheritance law

According to Islamic Inheritance Law, based on Article 174 of the Islamic Law Book, the group of male heirs includes fathers, sons, brothers, uncles, aunts and grandfathers. So mothers, daughters, sisters and grandmothers form a group of heirs.

Considering that the heirs by marriage are widows and widowers. If all groups of heirs are still alive, then the inheritance belongs to the children, father, mother, wife and husband.

The first condition for inheritance is that the heir has died and the person’s death can be determined without proof (essentially dead) or by decree (died by law). Second, whether the heir is still alive or the judge’s decision stated that he was still alive at the time of death of the legal heir.

Even if the legal heir is still in his mother’s womb, he is still entitled to his share if he can prove that he is the heir. However, there are also limitations that make inheritance impossible. For example, religious differences between heirs and heirs, slavery and murder.

Pillars of Receiving Inheritance in Islam

As is the case with other things, inheritance also has a number of pillars that must be respected. Because if one of these pillars is not met, then the inheritance cannot be divided among the heirs. To avoid this, here are some pillars of inheritance based on Islamic inheritance law.

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In Islamic inheritance law fiqh, there are three pillars of inheritance that must be met before the distribution of inheritance. The three pillars are:

1. Al-muwarrits

Heirs alias al-muwarrits are corpses that are passed on to other people who have inheritance rights.

2. Al-wârits

Heirs or al-wârits are people who have a family relationship with the deceased and for other reasons stipulate that he has the right to inherit property.

3. Al-mauruts

Inheritance or al-maurûts is an inheritance which is actually inherited by a person who has died to his closest family.

People who leave inheritance or heirs are people who have died. While the heir or heir is someone who has a family relationship with the heir because of the underlying reasons that we have explained earlier. Inheritance is property left by heirs and wants to be passed on to their families.

Total Part of Inheritance Obtained Based on Islamic Inheritance Law

1. Distribution of Inheritance to Father

Islamic inheritance law stipulates that the father plays an important role in the division of inheritance. If the crown prince’s father receives one-third of the inheritance left by the crown prince (his son). However, these conditions apply when dividing assets if you don’t have children. If the heir has children, the father’s share is reduced by about one sixth.

2. Distribution of inheritance to the mother

The heir’s mother is also entitled to the inheritance. Under Islamic inheritance law, a mother receives one-third of her inheritance from her heirs if she has no children. If I have children, I only have the sixth. But that’s true when mom isn’t with dad. If they stay together, the mother only receives one third of the rights of the wife or widow.

3. Distribution of inheritance to sons

According to Islamic inheritance law, the son’s share is greater than that of the crown prince’s daughter, that is, twice as much. But if the son is an only child, then his share is half of the crown prince’s (father’s) inheritance.

4. Distribution of inheritance to daughters

The distribution of inheritance to daughters according to Islam can be seen from the status of daughters. If the daughter is an only child, she will receive half. However, if you have 2 or more daughters then you will get 2/3 share.

According to Islamic inheritance law, if the heir has a daughter and a son, then the son will receive twice the amount of each daughter. For example, a family with an inheritance of IDR 15 billion is divided between 3 girls and 1 boy. So, every girl gets IDR 3 billion and boys IDR 6 billion.

5. Distribution of Inheritance to Wives or Widows

The division of inheritance when a man dies on behalf of his wife or a Muslim widow is the wife or widow who receives half of the property for the husband. More than half of the joint property (husband) is divided equally between the wife or widow and their children. However, according to Islamic inheritance law, after the husband dies, if the husband has no children, the wife or widow will receive a quarter of the share. But if the man has children, his wife or widow will receive the eighth.

6. Inheritance of Assets According to Islamic Law

Conclusion

So a brief discussion of the division of inheritance in Islam. Not only understanding the meaning of inheritance distribution in Islam, but also knowing the meaning of Islamic inheritance law, laws governing Islamic inheritance law, distribution procedures, terms, pillars and the number of shares of inheritance obtained based on Islamic inheritance law.

Knowing what inheritance is based on Islamic inheritance law gives us new knowledge about inheritance issues which are actually quite sensitive in its application. By knowing this, we can better understand how to do it so as to prevent families from unnecessary conflicts around inheritance distribution.

This is a review of what Islamic inheritance is all about. For Sinaumed’s who want to understand Islamic inheritance distribution and knowledge related to other inheritance laws, you can visit sinaumedia.com to get related books.

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Author: Pandu Akram
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