Wednesday, September 15, 2010

The Principles of Islamic Inheritance Law

Islamic Inheritance Law (Faraidl) is one of branch of law that in force in Indonesia. Legal source of Faraidl are Quran, Hadist, and Ijtihad.

Quran regulate faraidl so clearly, why? Because inheritance can cause quarrel easily. Fair for someone maybe not fair for the other. So that about inheritance is returned to Allah, because true fairness just from Allah.
The principles of Islamic Inheritance Law are:
  • Islamic Inheritance Law takes median strip between capitalism and communism, so that it regulates inheritance, also gives freedom for someone to give his inheritance by testament
  • The deceased can’t pevent the Heir/Heiress to get his/her right of inheritance. And the Heir/Heiress can get his/her right without statement ‘accept’ or judge decision
  • Inheritance is only limitated in family environment. Heir/heiress and the deceased must have family conection, because of marriage or blood conection. The closer family is more principal than the farther
  • Islamic Inheritance Law tend to divide inheritance to recipiens as most as possible, from the closest family until the farthest family. From child, grandchild, mother, father, sister, brother, grandfather, grandmother, nephew, niece, until great-grandmother, there’s regulation for them
  • There is differences part of man and woman. Part of man is two times part of woman. Why is the man get bigger than the woman? Because a man is a leader of a family who shoulder all burdens of his family
  • No differences of heir/heiress among adult, underage or baby just born
  • There are certain part of heritance, i.e. : 2/3, ½, 1/3, ¼, 1/6 and 1/8 (Look Quran, Surah An-Nisa section 11). The regulation is ta’abbudi, something must do because regulated by Quran.


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