What is the Islamic View on the Division of Inheritance?

By Admin | 17 June 2021 14:59:39 | 366 | 0
Picture by: palembang.tribunnews.com
Picture by: palembang.tribunnews.com

The division of inherited property sometimes causes conflict in the family. In order not to be a problem in the future, muslims may use the islamic-law to resolve disputes.

According to a book entitled "Division of Inheritance According to Islam" written by Muhammad Ali Ash-Shabuni, there are at least six kinds of division of inheritance in the Qur'an. That is, half, quarter, eighth, two -thirds, one -third, and one -sixth.

1.Half Part

There are at least five people who are entitled to receive inherited property in the amount of half of the inherited property. One for men and the rest goes to four women.

They are also called ashhabul furudh. Includes husbands, daughters, granddaughters of sons, sisters, and sisters from same father.

2. Quarter Part

Those who are entitled to a quarter of the estate are two people. Namely husband or wife.

3. One-eighth Part

Of the series of ashhabul furudh who are entitled to receive an inheritance, the number one-eighth is given only to the wife. She will receive one-eighth of her husband's wealth, if he has children or grandchildren, whether born from the first wife or another wife.

4. Two-thirds Part

The heirs entitled to two-thirds of the property consist of four persons. They are all women.

Includes biological children (two or more), granddaughters descended from sons (two or more). Then a sister (two or more) and a sister from the same father (two or more).

5. One-third Part

The group of ashhabul furudh who are entitled to one-third of the inheritance are the mother and two siblings, either a man or a woman from the same mother.

6. Quarter Part (II)

There is also regulates groups of people who receive a quarter of the inheritance which divided among seven person.

They are, father, grandfather, mother, granddaughter of the son's lineage, half-sister, great-grandmother, step-brother and step-mother.



 

However, there are several things that cause a person's inheritance rights to fall, namely:

1. Slaves

A person who is a slave does not have the right to inherit even from his brother. Because, everything that belongs to the slave, directly belongs to the master.

2.  Murder

If an heir kills the heir (for example: a child kills his father), then he is not entitled to inherit. This is based on the words of the Prophet Muhammad:

"A murderer has no right to inherit the property of the person he killed."

3. Religious Differences

A Muslim cannot inherit or be inherited by a non-Muslim, regardless of his religion. This is explained by the Prophet SAW in his saying:

"It is not right for a Muslim to inherit a disbeliever and a disbeliever to inherit a Muslim." (Narrated by Bukhari and Muslim)

 

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