Many people do not yet understand who the heirs are and what their shares should be. Dividing an inheritance is often a moment filled with debate and even disputes. Such disagreements sometimes arise before the deceased has been buried, or even while the person is still alive.
It is not uncommon for heirs to stop speaking to one another because they feel the division of assets is taking too long, or because they believe they have not received the share they are entitled to.
Yet Islam has already set out rules for dividing inheritance. Allah Ta'ala has given specific guidance on inheritance in the Qur'an. He has even warned that those who do not divide inheritance in accordance with Sharia will face the fire of hell.
Understanding Heirs and Inheritance
Before discussing heirs and their shares, it is important to understand the definitions first. An heir is a person who, at the time of the deceased's passing, has a blood relationship with the one who has died. This relationship may arise through marriage or through descent.
According to Islam, an heir is someone who shares the same faith. Such an heir must also not be legally barred from inheriting from the deceased.
An inheritance is the property left behind by the deceased. These assets are passed on to the heirs, whether in the form of property or debts.
The Pillars of Inheritance
Islam guides many aspects of human life, including the division of inheritance. There are several pillars of inheritance that you should understand. In this way, the process of dividing an inheritance can proceed in line with Islamic teachings and the law of the country.
In Islam there are at least three pillars of inheritance:
- Al-Muwarits, the one who leaves the inheritance: this is the person who has passed away and who holds rights over property to be passed on.
- Al-Warits, the one who inherits: the people who have a family or kinship relationship with Al-Muwarits.
- Al-Mauruts, the inheritance itself: the property left behind or passed on by Al-Muwarits after death.
Groups of Heirs and Their Shares
Before distributing an inheritance, it is important to know that Islam divides heirs into groups three categories:
1. Dzawil Furudh
The first group is dzawil furudh. They are heirs who receive fixed shares as determined by the Qur'an and hadith. People in this group include both men and women.
2. Ashabah
The word ashabah comes from ashib meaning to bind or to strengthen. In the sense of heirs, they do not receive a fixed share. Ashabah receive their share only after all the dzawil furudh have received their portions.
3. Dzawil Arham
The third group is dzawil arham. They are people who do not receive a fixed share. The dzawil arham receive their share only when there are no dzawil furudh and ashabah.
What Is the Procedure for Dividing an Inheritance?
Islam has set out the heirs and their shares. These are clearly stated in Surah An-Nisa, verses 11 and 12.
A. Explanation of Verse 11
Allah has made it obligatory to divide the estate among the deceased's children, both sons and daughters. If all of the deceased's children are daughters and there are more than three of them, they receive 2/3 of the total estate left behind.
However, if the deceased has only one child, and that child is a daughter, she receives half. As for the parents, each receives 1/6 of the estate if the deceased has children.
However, if the deceased has no children, the estate is passed on only to the parents. The mother then receives 1/3. If the deceased has several siblings, the mother receives 1/6.
B. Explanation of Verse 12
Verse 12 also explains the heirs and their shares. A husband receives 2/3 of his wife's estate if she has no children. However, if there are children, the husband receives 1/4. This is of course after the wife's debts have been settled.
If the husband dies, the wife receives 1/4 if there are no children. If there are children, the wife receives 1/8. This applies once all of the husband's debts have been settled.
Then, when a man or woman dies without a father or mother and without children, but leaves behind maternal siblings, male or female, each receives 1/6 of the estate. If there is more than one maternal sibling, each receives 1/3.
Do You Now Understand Heirs and Their Shares?
That concludes our discussion of heirs and their shares. Before the inheritance is divided, it is wiser for the whole family to focus on the deceased's funeral, for example by paying the deceased their highest respect.
You can use a trusted funeral service called Kamboja, the best funeral solution for your deceased family member.
At Kamboja, heirs do not need to pay funeral fees every year. You only pay once, at the beginning. Funerals at Kamboja, of course, comply with Islamic sharia.
dev_kamboja
The Kamboja team writes guides on bereavement, funeral arrangements and funeral planning to help families in Indonesia.
