Saturday, June 18, 2011

Debt of Deceased


When one dead, sometimes he/she leave wealth and debt. In this case, although the deceased has heir, but creditor’s right is more principal than heir’s right. Mean, inheritance can not be given to heir before the debt is paid. So the heir only can receive remains of inheritance after reduced paid debt.
Fiqih Islam divides deceased debt into:
  1. debt to God, like: zakat, haji,nadzar
  2. debt to other human:
· debt that no relation with inheritance: mahar debt, money debt without pawn
· debt that has relation with inheritance: pawn debt.
If one dead and leave debt to God, is the debt become fall?
  1. According to Madzab Hanafi: If no testament (wasiat) to fulfil debt to Allah, so the debt is assumed fall by his/her dead. Reason: debts to Allah is worship that to execute it needed executive’s intention.
  2. According to other madzab (Maliki, Syafi’I, Hambali, Dhahiri): debt to Allah is not become fall by one’s dead, because the debt is obligation that related to property that the executive does not need intention to do it.
About opinion that debt to Allah must be paid, so which must be paid first, debt to Allah or debt to other human? There are differences of opinion among ulamas.
  1. Ulama Syafi’iyah and Dhahiriyah: debt to Allah must be paid first. Reason: hadist Nabi thought that Allah’s rights are more principal to fulfil.
  2. Ulama Malikiyah: debt to human is more principal, because human needs to receive the payment.
  3. Ulama Hambaliyah: debt related with inheritance are more principal than debt to Allah, and debt that has no relation with inheritance are assumed as same with debt to Allah.

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