yeni salma barlinti. 1. bilateral male and female have rights to inherit from their parents and...
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PRINCIPLES OF ISLAMIC INHERITANCE LAW
1. Bilateral male and female have rights to inherit from their parents and relatives through male and female lines
2. Ijbari the Islamic inheritance law prevails automatically because of death. Allah determines the law for human (muslim must obey the devine law).
3. Death inheritance law is applied if there is a death4. Individual male and female get legacy (estate) as
an individual, and it belongs to individual5. Fairness the shares of estates that determined by
Allah are fair. The fairness is not about amount of shares, but the function of shares for person
6. Islamic personality Islamic inheritance law is only for muslim: the deceased and heirs
SYSTEMS OF ISLAMIC INHERITANCE IN INDONESIA
1. System of Bilateral HazairinIslamic inheritance law is available for male and female through male and female lines
2. System of Patrilineal Syafi’iIslamic inheritance law is inclined (prefer) to male lines
3. System of Compilation of Islamic Law (Kompilasi Hukum Islam, KHI)
Combination of bilateral and patrilineal, but inclined to patrilineal
TERMS/REQUIREMENTS OF ISLAMIC INHERITANCE
1. The deceased muslim2. The survival of heir(s) muslim3. Estate / legacy4. Relationship between the deceased
and heir(s)1. Cognation2. Relations by marriage
5. The heirs have no hindrance/obstacle different religion, kill the deceased
CLASSIFICATION OF HEIRS
Bilateral-Hazairin1. Zul fara’id2. Zul qarabat3. Mawali
Patrilineal-Syafi’i4. Zul fara’id5. Ashabah: ashabah binnafsihi, ashabah
bilghairi, and ashabah maal ghairi6. Zul arham
Zul Fara’id
Heir who has certain share in certain condition
1. Daughter (without son)2. Mother 3. Father, if the deceased has child (children) 4. Husband 5. Wife 6. Brother and sister who are sharing 7. Sister, if the deceased is kalalah.
Zul Qarabat
Heir has uncertain share1. Son2. Daughter, if the deceased has son3. Father, if the deceased has no child
(children)4. Brother, if the deceased is kalalah5. Sister, if the deceased has brother
Ashabah
Heir has uncertain share Patrilineal or male lines of the deceased is
required in ashabah 3 Kinds of ashabah :a. Ashabah Binafsihi: heir is ashabah because of
himself position: (i) son, (ii) father, (iii) brotherb. Ashabah Bilghairi: heir is ashabah because of
male’s position: (i) daughter with son, (ii) sister with brother
c. Ashabah Maalghairi: sister who inherits along with daughter
Zul Arham
Heir has cognation with the deceased by female line
Zul-Arham becomes heir if the deceased has no zul-fara’id and ashabah, heir of zul-fara’id of marital relationship is an exception
PRIMARY GROUPS OF HEIRS
Primary groups of heirs only exist in system of bilateral-Hazairin
1st Primary Group1. Children2. Husband/wife3. Father and or mother
2nd Primary Group1. Brother and or sister2. Husband/wife3. Father and or mother
Cont’d
3rd Primary Group1. Husband/wife2. Father 3. Mother
4th Primary Group1. Husband/wife2. Substitute of father 3. Substitute of mother
LEGAL BASIS
QS An Nisa verse 7 QS An Nisa verse 11 QS An Nisa verse 12 QS An Nisa verse 33 QS An Nisa verse 176
SHARES OF CHILDREN
Son, a portion equal to two shares of daughter
If only daughters, two or more, their shares is two-thirds (among them)
If only one daughter, her share is a half
SHARES OF PARENTS
For parents, a sixth share of the estate to each, if the deceased has left children
If no children, and the parents are the (only) heirs, the mother has a third
If the deceased has left brothers (or sisters) the mother has a sixth
SHARES OF HUSBAND & WIFE
Share of husband is a half if the deceased has left no child
Share of husband is a fourth if the deceased has left child
Share of wife is a fourth if the deceased has left no child
Share of wife is a eighth if the deceased has left child
SHARES OF BROTHER AND SISTER
Brother(s) and sister(s) will get shares if the deceased is kalalah
Definitions of kalalah: According to Hazairin bilateral
If the deceased has left no child (son and or daughter) and their descendants (male and female)
According to Syafi’i patrilinealIf the deceased has left no son, son of son or through male’s descent line, and father
According to KHIIf the deceased has left no child (son and or daughter), their descendants (male and female), and father
SHARES OF BROTHER AND SISTER
QS An Nisa verse 12 A brother or a sister is a sixth Brother(s) and or sister(s), they share in a third
QS An Nisa verse 176 A sister is a half Two or more sisters are two-thirds (between them) Brother(s) takes all (if no descendants or
ascendants) or remaining inheritance after other(s)
Brother(s) and sister(s), the male having twice the share of the female
USING OF QS AN NISA : 12 & 176
SUBJECTS
HAZAIRIN
SHAFI’I
QS An Nisa : 12
If father is alive
For uterine
QS An Nisa : 176
If father had died before the deceased
* For full-sister and brother* For consanguine
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