Islamic Inheritance Law: Principles, Heirs, and the Verses That Govern It

Islamic inheritance law is an important guide for dividing the estate of the deceased fairly, based on religious provisions. Applying the rules of inheritance distribution (faroid) means each heir receives the share that has been set out as their right, so that no party feels wronged.

This principle also makes clear that the division of an inheritance may not be arbitrary, but must follow the established rules. So who are the groups entitled to receive the inheritance, and what is their order? Here is a more complete explanation.

Definition of Inheritance in Islam

In Islam, inheritance is the transfer of ownership of a deceased person's property to the heirs who are entitled to it. For Muslims in Indonesia, Islamic inheritance law has its own rules, which you can find in the Compilation of Islamic Law (KHI).

In this sense, inheritance is not only the division of goods, but a legal and sharia provision that governs who is entitled to inherit and how the shares of the estate are determined.

Evidence for Islamic Inheritance Law

The Qur'an contains several verses that address inheritance law. For example, Surah An-Nisa verses 11-12 and Surah Al-Baqarah verse 180.

"It is prescribed for you that when death approaches any of you, if he leaves wealth, he should make a bequest to parents and close relatives in a fair manner, as a duty upon those who are mindful of God." (QS Al-Baqarah: 180)

This verse emphasizes that a Muslim should make a will when death approaches. The aim is to prevent disputes and division among family members and relatives.

Principles of Islamic Inheritance Law

There are several important principles in inheritance law in Indonesia for Muslims. Some of the basic principles are:

• Pillars of inheritance: The distribution of an estate is valid when the pillars of inheritance are met, namely the heir (al-warits), the deceased (al-muwarrits), and the estate (al-maurus).
• Distribution according to sharia: The determination of inheritance shares must be based on the Qur'an and hadith, not merely on personal wishes.
• Order and priority between men and women: In many cases, a male heir receives twice the share of a female heir.
• No primogeniture principle, meaning the inheritance does not pass to only one party: All heirs have the right to receive their share according to their needs.

Grouping of Heirs

Under Islamic inheritance law, there are several categories of heirs, grouped according to their relationship to the deceased. The explanation follows.

• By blood relationship
  • Male group: father, brothers, sons, grandfather, and uncles.
  • Female group: mother, sisters, daughters, and grandmother.
• By marriage: Spouse of the deceased.

Meanwhile, in classical fiqh literature and the provisions of the KHI, heirs are divided into 3 categories, namely:

• Ashab al-Furud: Heirs who are entitled to a fixed share as set out in the explicit provisions of the Qur'an (children, spouse, and parents).
• Asabah (residuary heirs): Heirs who receive whatever remains of the estate after the first category has received its shares. This second category includes male relatives on the father's side (male-line descendants).
• Dzawil Arham: Distant relatives who inherit only when there are no heirs from either the first or the second category.

Order of Heirs

When several potential heirs are still living, the following order is usually used as a guide. This way, the distribution of the estate follows the rights each heir should receive.

1. Sons;
2. Daughters;
3. Father;
4. Mother;
5. Uncles;
6. Grandfather;
7. Grandmother;
8. Brothers;
9. Sisters;
10. Wife (widow of the deceased); and
11. Husband (widower of the deceased).

However, please be aware that in the distribution, not every name in this order will always receive a share. This depends on which heirs are still living.

Details of Inheritance Distribution

After the deceased passes away, there are several stages before the estate is distributed to the heirs. For example, paying funeral and burial costs, settling debts, and fulfilling a bequest (up to a maximum of 1/3 of the total estate), if there is one.

Once all these matters have been settled, the remaining estate can be divided according to the following provisions.

• A single daughter: 1/2 when there is only one daughter and no sons.
• Two or more daughters: 2/3, divided equally.
• Sons and daughters together: A son receives twice as much as a daughter, a ratio of 2:1.
• Father or mother: 1/6 if the deceased has descendants. However, if the deceased has no descendants, the mother receives 1/3 of the estate and the father receives the remainder.
• Wife (widow): 1/8 if the deceased has descendants. However, if there are no descendants, the wife receives 1/4.
• Husband (widower): 1/4 if the deceased has descendants. However, if there are no descendants, the husband receives 1/2.
• Full or half siblings: If the deceased has no children, father, or mother, they may receive a share of 1/6 or 1/3, depending on their number and sex.

Once all the heirs have received their share and there is still some of the estate left over, the remainder is given to the Asabah.

Circumstances That Cause the Right to Inherit to Lapse

Islamic inheritance law is very strict, and there are several circumstances that can cause a person's right to inherit to lapse. As a result, someone who would normally be entitled to part of the estate may lose that right. Here is an explanation.

• When a closer heir is present, they block the claims of more distant relatives. This is because, under Islamic inheritance law, those who are closer in kinship take priority, so the right of a more distant heir can lapse.
• Before passing away, the deceased may leave part of their assets to a non-heir through a gift (hibah) or a bequest (wasiat). However, a bequest may not exceed 1/3 of the total estate, and it must not harm the rights of the heirs.
• A person who does not meet the requirements to be an heir. For example, someone who is not Muslim (whether by converting to another religion or from birth), someone who is not related by blood or marriage, or someone who is barred by other lawful (shar'i) reasons.

Do You Understand Islamic Inheritance Law?

In essence, Islamic inheritance law sets out how an estate is divided in a transparent, fair and lawful way, guided by the principles and rules of the faith. As a Muslim, it is important to understand how inheritance is shared so that you can fulfil your obligations correctly and harmoniously.

However, make sure that all of the deceased's needs have been met first, such as settling any debts (if any), preparing the body, and the burial. For those who need funeral services of the highest quality, Kamboja is the answer.

Kamboja provides body preparation services and burial arrangements. This is a great help to families, as you do not have to struggle with organising the logistics of the funeral ceremony, and the burial process can proceed calmly and in an orderly manner. The cost is also affordable, and you receive the highest quality of service.

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