Cara Membagi Warisan Menurut Islam

>Hello Sohib EditorOnline, in this article we will discuss how to divide inheritance according to Islamic law. Inheritance is a sensitive matter that should be handled with care and fairness. Therefore, it is important to understand the Islamic principles related to this issue. Let’s dive into the details.

1. Introduction

Inheritance is a division of a deceased person’s property among his heirs. Islamic law lays down specific rules and regulations to ensure fair distribution of inheritance. The division of inheritance is not only a legal obligation, but also a moral and religious one. Islam recognizes the rights of every individual and emphasizes the importance of equitable distribution of wealth.

The Islamic law of inheritance is based on the Qur’an and the Sunnah of the Prophet Muhammad (peace be upon him). The Qur’an contains specific verses regarding inheritance, while the Sunnah provides us with the practical examples set by the Prophet Muhammad (peace be upon him) and his companions.

2. Basic Principles of Inheritance in Islam

2.1. Sharers and Residuaries

Islamic law distinguishes between two categories of heirs: sharers (asl) and residuaries (awwaliyun). Sharers are entitled to a specific share of the estate, while residuaries receive the remaining portion of the estate after the sharers have received their rightful shares.

The sharers are determined based on their relationship to the deceased and their status as male or female. The residuaries, on the other hand, are those who are not included among the sharers.

2.2. Degrees of Relationship and Distribution

The distribution of inheritance is based on the degrees of relationship between the deceased and his heirs. The closer the relationship, the larger the share of inheritance.

The Qur’an has specified the shares for a number of heirs, such as parents, spouses, and children. However, in cases where the heirs are more distant, the distribution is based on the principle of ta’sib, which means the right to inherit is based on proximity of relationship.

3. Division of Inheritance

3.1. Sharers

The sharers are entitled to a specific share of the estate, which is determined by Islamic law. The following are the shares of the sharers:

Heir Share (%)
Husband or wife 1/4 or 1/8
Parents 1/3 or 2/3
Daughters 1/2 or 2/3
Sons twice the share of daughters

The above shares are subject to certain conditions and exceptions. For example, if the deceased has no children, the estate will be divided between the parents and the spouse. If the deceased has no parents, the estate will be divided between the spouse and the children. If there are no sharers, the residuaries will receive the entire estate.

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3.2. Residuaries

If there are no sharers or if their shares have been distributed, the remaining portion of the estate will be given to the residuaries. The residuaries are entitled to the entire estate, except for specific bequests made by the deceased to others.

4. FAQ

4.1. What is the ruling on bequests in Islamic law?

Islamic law allows a person to make specific bequests (wasiyyah) of up to one-third of his estate to non-heirs, such as friends or charitable organizations. The bequest is subject to certain conditions and should not violate the other rights of the heirs.

4.2. How should the division of inheritance be carried out?

The division of inheritance should be done after the payment of any debts and funeral expenses. It is recommended to involve a qualified Islamic scholar or a trusted elder to oversee the division and ensure fairness.

4.3. What happens if there is a dispute among the heirs?

Disputes among the heirs should be resolved through dialogue and mediation. If necessary, an Islamic court can be approached to settle the matter.

4.4. Can a person disinherit his or her children?

No, a person cannot completely disinherit his or her children under Islamic law. However, the shares of the children may be reduced in certain circumstances, such as in cases where they have been disobedient or have caused harm to the deceased.

4.5. Is it permissible to write a will in Islamic law?

Yes, it is permissible to write a will in Islamic law. However, the will should not violate the rights of the heirs and should not exceed one-third of the estate.

5. Conclusion

Inheritance is a central issue in Islamic law, and the distribution of inheritance should be carried out with fairness and equity. The Islamic law of inheritance provides a clear and comprehensive framework for the division of estate among the heirs. Understanding these principles is essential for ensuring that the rights of every heir are fulfilled according to Islamic law.

Cara Membagi Warisan Menurut Islam