1. ISLAMIC INHERITANCE LAW
YENI SALMA BARLINTI
ISLAMIC INHERITANCE LAW

2. PRINCIPLES OF ISLAMIC INHERITANCE LAW
Bilateral  male and female have rights to inherit from their parents and relatives through male and female lines
Ijbari  the Islamic inheritance law prevails automatically because of death. Allah determines the law for human (muslim must obey the devine law).
Death  inheritance law is applied if there is a death
Individual  male and female get legacy (estate) as an individual, and it belongs to individual
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
Islamic personality  Islamic inheritance law is only for muslim: the deceased and heirs

3. SYSTEMS OF ISLAMIC INHERITANCE IN INDONESIA
System of Bilateral Hazairin
Islamic inheritance law is available for male and female through male and female lines
System of Patrilineal Syafi’i
Islamic inheritance law is inclined (prefer) to male lines
System of Compilation of Islamic Law (Kompilasi Hukum Islam, KHI)
Combination of bilateral and patrilineal, but inclined to patrilineal

4. PILLARS OF ISLAMIC INHERITANCE
Muwaris  the deceased
Waris  heir(s)
Maurus  estate

5. TERMS/REQUIREMENTS OF ISLAMIC INHERITANCE
The deceased  muslim
The survival of heir(s)  muslim
Estate / legacy
Relationship between the deceased and heir(s)
Cognation
Relations by marriage
The heirs have no hindrance/obstacle  different religion, kill the deceased

6. CLASSIFICATION OF HEIRS
Bilateral-Hazairin
Zul fara’id
Zul qarabat
Mawali
Patrilineal-Syafi’i
Ashabah: ashabah binnafsihi, ashabah bilghairi, and ashabah maal ghairi
Zul arham

7. Cont’d Compilation of Islamic Law Zul farai’id Ashabah
Substitute Heirs

8. Zul Fara’id Heir who has certain share in certain condition
Daughter (without son)
Mother
Father, if the deceased has child (children)
Husband
Wife
Brother and sister who are sharing
Sister, if the deceased is kalalah.

9. Zul Qarabat Heir has uncertain share Son
Daughter, if the deceased has son
Father, if the deceased has no child (children)
Brother, if the deceased is kalalah
Sister, if the deceased has brother

10. Mawali
Heir is substitute of original heir who is died first before the death of the deceased

11. Ashabah Heir has uncertain share
Patrilineal or male lines of the deceased is required in ashabah
3 Kinds of ashabah :
Ashabah Binafsihi: heir is ashabah because of himself position: (i) son, (ii) father, (iii) brother
Ashabah Bilghairi: heir is ashabah because of male’s position: (i) daughter with son, (ii) sister with brother
Ashabah Maalghairi: sister who inherits along with daughter

12. 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

13. PRIMARY GROUPS OF HEIRS
Primary groups of heirs only exist in system of bilateral-Hazairin
1st Primary Group
Children
Husband/wife
Father and or mother
2nd Primary Group
Brother and or sister

14. Cont’d 3rd Primary Group 4th Primary Group Husband/wife Father Mother
Substitute of father
Substitute of mother

15. LEGAL BASIS QS An Nisa verse 7 QS An Nisa verse 11 QS An Nisa verse 12

16. 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

17. 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

18. 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

19. 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  patrilineal
If the deceased has left no son, son of son or through male’s descent line, and father
According to KHI
If the deceased has left no child (son and or daughter), their descendants (male and female), and father

20. 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

21. USING OF QS AN NISA : 12 & 176 SUBJECTS HAZAIRIN SHAFI’I
If father is alive
For uterine
QS An Nisa : 176
If father had died before the deceased
* For full-sister and brother
* For consanguine

22. DISTRIBUTION OF ESTATES
Distribution of estates after payment of:
Bequest (wasiyah)  maximum a third
Debts of the deceased