From the past until today, the division of inheritance in families often still causes conflict. Arguments between family members are caused by differences in understanding of how the inheritance is divided. In fact, Islam has established inheritance laws that are written in various literatures, including the Qur’an and sunnah. What is the law of inheritance in Islam? Check out the explanation below, Friends!
Principles of Inheritance in Islam
Inheritance is one aspect of Islam that is considered important where Allah Swt has established the law. Why is it important? Because inheritance involves family relationships, brotherhood, as well as benefits for people who die and leave property in the world.
The law of inheritance is important to be studied and understood by all groups, from teenagers, adults, to the elderly, even children. This is because death knows no age and every Muslim must prepare and calculate what will be left behind and who will inherit it. Although the discussion about inheritance is very sensitive, as Muslims we must understand it in order to be able to be fair and not deviate from the Sharia.
Definition of Inheritance in Islam
Inheritance in Islam is a rule made to regulate the transfer or transfer of property from a deceased person to a person or family called the heir.
In the Compilation of Islamic Law article 171, it is explained about inheritance law: “Islamic inheritance law is fully a law made to regulate the transfer of ownership rights of the heir’s estate, as well as determine who is entitled to receive and become his heirs, and also the number of shares of each heir”.
For this reason, Islamic inheritance law also determines who will be the heirs, the number of shares, and the type of inheritance or legacy given by the testator to his heirs later.
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The Law of Inheritance in the Qur’an
In the Qur’an, there are a number of verses that regulate and mention the law of inheritance. Some of them are surah Al-Baqarah verse 180 and surah An-Nisa verses 11-12.
“It is obligatory upon you, when death is about to take one of you, if he leaves behind wealth, to leave a will for his parents and close relatives in a good way, (as) an obligation for the pious.”
(QS Al-Baqarah: 180)
The above verse emphasizes that a Muslim who is about to die should make a will beforehand. According to the above verse, making a will is an obligation for the pious. This is also done to avoid divisions and fights among family members and relatives, when the owner of the property has died. Even so, making a will can also be done in advance when you have not yet met death.
“Allah has prescribed (obliged) you about (the division of inheritance for) your children, (namely) the share of a son is equal to the share of two daughters. And if the children are more than two daughters, then their share is two-thirds of the property left behind. If she (the daughter) is only one, then she gets half (of the property left). And for the two mothers-fathers, a share of one-sixth each of the property left behind, if he (the deceased) has children. If he (the deceased) has no children and he is inherited by his parents (only), then his mother gets a third. If he (the deceased) has several brothers, then his mother gets a sixth. (The aforementioned divisions) after (fulfilling) the will he made or (and after paying) his debts. (As for your parents and your children, you do not know which of them will benefit you more; this is the decree of Allah. Indeed, Allah is All-Knowing, All-Wise.”
(QS An-Nisa: 11)
“And your share (husbands) is one-half of the property left by your wives, if they have no children. If they (your wives) have children, then you get a quarter of the property they leave after (fulfilling) the will they make or (and after paying) their debts. If you have no children, the wives get a quarter of the property you leave behind. If you have children, then the wives get an eighth of the property you leave (after fulfilling) the will you made or (and after paying) your debts. If a man or woman dies leaving no father and no children, but has a brother or a sister, each of the two types of brother or sister shall receive one-sixth of the estate. But if the brothers are more than one, then they shall share together in the third part, after the fulfillment of his will or the payment of his debts, with no hardship to the heirs. Such is the decree of Allah. Allah knows best, and is most merciful.”
(QS An-Nisa: 12)
The two verses above emphasize that the position of inheritance law in Islam is very important. So, this knowledge needs to be understood before distributing property from the deceased to his heirs.
Grouping of Heirs
In Islamic inheritance law, there are groups of heirs regulated in the Compilation of Islamic Law. This grouping of heirs is regulated in Article 174. Among others:
Group According to Blood Relationship
- Male Group: Father, Son, Brother, Uncle, and Grandfather.
- Female Group: Mother, Daughter, Sister, and Grandmother.
Marital Group
- This group consists of widows or widowers.
- However, if there are heirs, the most entitled to inheritance are children, mothers, fathers, and widows or widowers.
Order of Heirs
- Son
- Daughter
- Father
- Mother
- Uncle
- Grandpa
- Grandma
- Brother
- Sister
- Widow
- Widower
Grouping of Heirs in terms of Division
- Group of Dzawil Furudh heirs, who get a definite distribution. Consists of: daughters, father, mother, wife (widow), husband (widower), brothers or sisters as a mother, and biological sisters (seayah).
- The group of heirs whose distribution is not determined, consists of: sons and their descendants, daughters and their descendants (if with sons), brothers with sisters (if the testator has no descendants and father), grandparents, uncles and aunts (both paternal and maternal, and their descendants).
- The group of successor heirs is regulated in Article 185 in the Islamic inheritance law of the Compilation of Islamic Law, which reads: Heirs experience the event of death before the testator. That is, replacement heirs are individuals or groups who replace the position of heirs who have died or are not entitled to receive inheritance. They will receive the portion of the inheritance that should be received by the heirs who are replaced.
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Detailed Distribution of Inheritance in the Law of Inheritance
Ashabul Furudh are people who have a definite and detailed share in connection with the inheritance left by the testator.
1. Half Share
Ashabul furudh of the law of inheritance there are five, namely one from the male group and four others women. The five ashabul furudh are the husband, daughters, granddaughters of male descendants, siblings, and sisters in law.
2. Division of One-Fourth
The heirs who are entitled to a quarter of the property of the person left behind are the husband and wife.
3. Division of one-eighth
According to ashabul furudh people who are entitled to an eighth part of the inheritance is the wife. Wife either one person or more will get an eighth of the property left by the husband. If the husband has children or grandchildren, whether the child is born from his womb or from another wife as the verse below:
“If you have children, then the wives get an eighth of the property you leave after fulfilling the will you make and have paid your debts.” (QS An-Nisa: 12)
4. Two-Thirds Division
The heirs who are entitled to two-thirds of the testator’s estate are four and all of them are women. They consist of 2 daughters (biological) or more, 2 granddaughters descended from sons or more, 2 biological sisters or more, 2 sisters in law or more.
5. One-third Share
The heirs who are entitled to a one-third share of the inheritance left by the testator are only two, namely the mother and 2 brothers (male or female) who are one mother.
6. Division of one-sixth
Heirs who are entitled to one-sixth consist of seven people. They are the father, the original grandfather (father of the father), the mother, the granddaughter of the son’s descendants, the sister of the father, the original grandmother, the brother, and the sister of the mother.
Things that cause the right of inheritance to lapse
- Slaves, because a slave does not have inheritance rights even from his brother. This is because slaves are owned by their masters, so whatever they have will belong to their masters.
- Murder, if an heir kills his heir, then he is not entitled to inheritance. For example, a child kills his father. As in the Prophet’s Hadith, “No murderer has the right to inherit the property of the person he killed.”
- Religious difference: a Muslim cannot inherit or be inherited by a non-Muslim, regardless of his religion. This is as stated by the Messenger of Allah (saw): “It is not right for a Muslim to inherit from a disbeliever, nor for a disbeliever to inherit from a Muslim”.
This is a brief explanation of the law of inheritance and its distribution in Islam. As Muslims, we should follow the rules set by Allah Swt, because it will bring benefits and goodness to those of us who live it.
Complete insight into the law of inheritance, you can learn in more detail in the Compilation of Islamic Law and related laws. These literatures need to be studied because the Qur’an and hadith only mention the law technically and limited to general principles.