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Civil law

Division of Inheritance According to Islamic Law

Indonesian Positive Law-

Inheritance law in Indonesia is divided into inheritance law according to Islam based on the Quran, civil inheritance law according to the Burgelijk Wetbook (BW) or the Civil Code, and customary inheritance law. On this occasion, it was described about the law of inheritance in Islam

Inheritance law according to Wikipedia is a law that regulates the inheritance of a person’s deceased property given to the entitled, such as the family and society who are more entitled.

In this description it is stated regarding:

Introduction

The ruling of the heir of Islam is found in the Quran which is surat An-Nisa (4) verse 11, verse 12, and verse 176.

The opening of inheritance after the person concerned dies and leaves the property, what is meant by the person concerned is:

  1. Husband.
  2. Wife.
  3. Bachelor (widower/widow).

Husband

With the death of the husband, the heirs of the heirs are open as follows:

  1. Boys and girls, then boys get a share twice a part of girls.
  2. Girls only and there are more than two people, then the girls get 2/3 of the share.
  3. Single girls get 1/2 part.
  4. The mother gets 1/6 share of the property, if the deceased has children.
  5. The father gets 1/6 part of the property, if the deceased has children.
  6. The mother gets 1/2 share of the estate, if the deceased has no children.
  7. Mother gets 1/6 share of the property, if the deceased has siblings.
  8. The wife gets 1/4 share of the property, if the deceased has no children.
  9. The wife gets 1/8, if the deceased has children.

Surah An-Nisa verse 11

God recommends you in your children to mention like the luck of the two females, if they are women over two, they are two thirds of what is left behind.  You know which one is closer to you than god, god was wise

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ ۚ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ ۚ فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

God tells you about (the distribution of inheritance for) your children. Namely: the part of a son is equal to that of two daughters; and if the child is all women more than two, then for them two-thirds of the property left behind; if the daughter is a mere one, then she acquires a piece of property. And for two mothers and fathers, for each one-sixth of the property left behind, if the deceased had children; if the deceased has no children and he is inherited by his parents (only), then his mother gets a third; if the deceased had several relatives, then his mother got one-sixth. (The aforesaid divisions) after fulfilling the will he made or (and) after the payment of his debts. (About) your parents and your children, you don’t know which of them is closer to (many) the benefits to you. This is a decree from God. Indeed, Allah is all-knowing and all-wise.

Wife

With the death of the wife, the heirs are open to the heirs as follows:

  1. The husband gets 1/2 share of the property, if the deceased has no children.
  2. The husband gets 1/4 part of the property, if the deceased has children.

Surah An-Nisa verse 12

If they have a son, you will have a quarter of what they have left after a will they recommend or a debt.  If they are more than those, they are partners in the third after a recommended will or an inno-harmful religion.

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ ۚ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ ۚ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ ۚ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ وَإِنْ كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ ۚ فَإِنْ كَانُوا أَكْثَرَ مِنْ ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِنْ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ

And to you (husbands) one-second of the property left by your wives, if they have no children. If your wives have children, then you get a quarter of the property they leave after fulfilling the will they made or (and) the debt is paid. Wives get a quarter of the property you left behind if you have no children. If you have children, then the wives get one-eighth of the property you leave after fulfilling the will you made or (and) after paying your debts. If a person dies, both a man and a woman who does not leave the father and leaves no child, tetapi mempunyai seorang saudara laki-laki (seibu saja) atau seorang saudara perempuan (seibu saja), maka bagi masing-masing dari kedua jenis saudara itu seperenam possessions. But if the brethren are more than one, then they are allied in that one-third, after being fulfilled by the will made by him or after being paid the debt by not giving mudharat (to the heirs). (Allah ordains such a thing as) a truly shari’a of Allah, and Allah is all-knowing again all-knowing.

Bachelor (widower/widower)

With the death of a bachelor, both male and female, the heirs of the heirs are open as follows:

  1. A brother of a seibu gets 1/6 part of the property, if the deceased has no father and no children.
  2. A sister of a mother gets 1/6 part of the property, if the deceased has no father and no children.
  3. Some of the brothers get 1/3 of the property, if the deceased has no father and no children.
  4. Some sisters get 1/3 of the property, if the deceased has no father and no children.
  5. Sisters get 1/2 share, if they don’t have children.
  6. The brother gets the whole share, if not to have children.
  7. Two sisters get 2/3, if they don’t have children.
  8. A brother gets as much as two sisters’s share (2/3), if he has no children.

Surah An-Nisa verse 176

They ask you to ask God to leave you in the case that a woman who perishes has no son and has a sister who has half of what he left behind if she does not have a son, if she has no son, if they are two, then they are two, they are two thirds, which left those who left those who are brothers, men and women, so male is like the luck of the females. God shows you that you are lost and God knows everything

يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ ۚ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَا إِنْ لَمْ يَكُنْ لَهَا وَلَدٌ ۚ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ ۗ يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ

They ask you for a fatwa (about kalalah). Say: “Allah gave you a fatwa about kalalah (ie): if a man dies, and he has no children and has a sister, then for his sister the woman is one-second of the property left by him, and his brother who is a man has (all the sister’s property), if he has no children; but if the sister is two people, then for both two-thirds of the property left by the deceased. And if they (the heirs consist of) brothers and sisters, then the share of a brother is as much as the part of two sisters. God explains (this law) to you, so that you will not be perverted. And Allah is All-Knowing of all things.Surah An-Nisa verse 176

They ask you to ask God to leave you in the case that a woman who perishes has no son and has a sister who has half of what he left behind if she does not have a son, if she has no son, if they are two, then they are two, they are two thirds, which left those who left those who are brothers, men and women, so male is like the luck of the females. God shows you that you are lost and God knows everything

They ask you for a fatwa (about kalalah). Say: “Allah gave you a fatwa about kalalah (ie): if a man dies, and he has no children and has a sister, then for his sister the woman is one-second of the property left by him, and his brother who is a man has (all the sister’s property), if he has no children; but if the sister is two people, then for both two-thirds of the property left by the deceased. And if they (the heirs consist of) brothers and sisters, then the share of a brother is as much as the part of two sisters. God explains (this law) to you, so that you will not be perverted. And Allah is All-Knowing of all things.

Grouping of Heirs

Based on the foregoing, the heirs are grouped into:

  1. The heirs who get a definite share, are the heirs whose share is already mentioned in Sura An-Nisa verse 11, paragraph, 12, and paragraph 176, while the parts referred to are 1/2, 1/4, 1/3, 2/3, 1/6, and 1/8.
  2. The heir who gets the remaining/ undetermined share, is the heir who gets the whole or remaining share of the property, after the calculation of the heir in accordance with the provisions.

Inheritance Calculation Procedure

In islamic inheritance, several terms must be known before calculating inheritance, namely:

  1. The origin of the problem; what is meant by the origin of the problem is the smallest number from which the share of each heir can be obtained correctly without any fraction (islam.nu.or.id). The origin of this problem is that the number determined based on the smallest multiple must be divisible by the “denominator” (mathematical term) whose part is already defined as written in the Quran Surah An-Nisa verse 11, verse 12 and verse 176.
  2. Adadur Ru’us; is a number calculated based on the number of heads (Quantity) because the number of parts is not mentioned with certainty, and this is used as a guide in determining the origin of the problem.
  3. Siham; is the value obtained from the result of the multiplication between the origin of the problem and the part already specified in the Quran.
  4. Majmu’ Siham; is the sum of the total sihams.

Furthermore, the things that must be specified in the calculation of inheritance are:

  1. Determining the heirs.
  2. Determining its passages based on the definite parts and arranged in the Quran.
  3. Determine the origin of the problem.
  4. Determining the siham.

As an illustration to understand the calculation of inheritance, the following is an example of a problem about the calculation of inheritance:

A woman dies with the heirs of a husband, a mother and a child. The property left behind is IDR 120,000,000, – then the inheritance calculation is:

  1. Heirs: the husband gets 1/4, the mother gets 1/6, and the son gets the rest (ashabah).
  2. Origin of the problem: is 12, since it is divisible by denominator 4 and denominator 6.
  3. The boys get the rest.

So if it is written it is as follows:

Husband : 1/4 x 12 = 3 (siham)

Mother : 1/6 x 12 = 2 (siham)

Boys : 12 (origin of the problem) – 3 (siham) – 2 (siham) = 7 (siham)

Then the property of Rp120.000.000,- : 12 (majmu’ siham) = Rp10.000.000,-

So that the results of the calculation of inheritance are:

Husband : 3 (siham) x Rp10.000.000,- = Rp30.000.000,-

Mother : 2 (siham) x Rp10.000.000,- = Rp20.000.000,-

Boys : 7 (siham) x Rp10.000.000,- = Rp70.000.000,-

Thus, the inheritance of Rp120,000,000 is divided into heirs.

For the record, the calculation of the distribution of inheritance can be carried out after the will is carried out and the debts of the deceased / deceased are paid. (RenTo)(110722)

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