Saturday, April 23, 2011

Rights Connected to Inheritance

If one dead, he/she usually leaves some properties (inheritance) to his/her family. The properties (inheritance) then become his/her family’s right as heir. And if the heir is consist of more than one person, so it must be shared.
Can the inheritance shared directly? No. Before it split, the heirs must consider rights that connected to inheritance. The right connected to inheritance is obligation of the heirs. May be deceased has had unpaid debt when he/she lived. Or may be the deceased leaved testament connected his/her property.
Before divide the inheritance, the heirs obligate to use the property for:
  1. pay care of deceased’s corpse, from bathing until funeral
Corpse management since bathing until funeral can use wealth of inheritance, as long as not over, and it’s not contravene with Islamic value.
As a traditional-religious society, every aspect of life in Indonesia never can be separated from tradition (adat), including death. There are ceremonies concerning death.
Like in Yogyakarta. There is Tahlilan, is ceremony that some people pray together for the deceased.They read tahlil, surah Yasin and pray in order Allah forgive and bless the deceased. The family that leaved, usually perform tahlilan in 3 days or 7 days in a row. Then perform it in 40th, 100th, and 1000th days after day of death. After the the praying end, the family give some drink and food to the people. And when the people go home they bring berkat. Berkat is a gift, usually meal, as an appreciate from the deceased’s family to the people that pray for deceased.
Of course the ceremony, including drink and food, that presented before and after funeral, are not tought in Islam. So if the ceremonies done as tradition, the cost can not be burdened to inheritance. Inheritance only can be taken for caring corpse.
  1. pay deceased’s debt
After taken for carrying corpse, inheritance can be taken for pay deceased’s debt. If the amount of the debt is bigger, so the the paying is sufficed by inheritance. If the creditor more than 1, so each creditor only paid according to comparison of amount of debts. Example, Mr. X dead and leave debts to Mr. A Rp. 2000, to Mr. B Rp 5000, to Mr. C Rp. 3000. So total debts is Rp. 10,000. Remains of inheritance after taken for caring corpse is Rp 9000. It’s not enough to pay all creditors. So all creditors are paid by comparison 2:5:3. So Mr A get Rp. 1800, Mr. B get Rp. 4500, and Mr. C get Rp. 2700.
The heir have no obligationto cover remainder of debts from their own wealth. But if the heir want to cover it, that is better. That’s assumed as kindlines of heir, not legal obligation…. But, the heir or the family should pay the debt, because if the deceased still has debt she/he will defended in akherat. She/he cannot enjoy result of her/his ibadat/amal (kindliness) before the debt is paid or the creditor sincere it.
  1. Doing testament (wasiat)
Testament is last one’s desire relation with property that she/he leave. The last one’s desire must principal than heir’s right.
Wasiat is limited maximum 1/3 of inheritance (after taken for paid caring corpse and debts). Wasiat must be done without anyone’s permission.
How if amount of wasiat more than 1/3 of inheritance?
  • According to Jumhur Ulama (most ulama): wasiat more than 1/3of inheritance is legal, but implementation of surplus of 1/3 depends on permission of all heirs. If all heirs permit it, surplus 1/3 can be done. But if a part of the heirs permit it and the others not permit, so wasiat only done that agreed.
  • According to Ulama Dhahiriyah: wasiat more than 1/3 is null, although all heirs permit it. Reason: Hadist Nabi stipulated that wasiat by 1/3 of property is much.
What about wasiat for heir?
  • According to Jumhur Ulama: wasiat for heir is legal but the implementation depends on the other heir. It’s like wasiat more than 1/3.
  • According to Ulama Dhahiriah: Wasiat for heir is null, because Hadist Nabi teach that no testament for heir.
  • According Ulama Syi’ah Imamiah: wasiat for heir is legal and can be implementated without permission.

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