Cara Pembagian Warisan Menurut Islam

>Hello Sohib EditorOnline, in this article we will discuss the distribution of inheritance according to Islamic law. In Islam, the division of inheritance is a very important aspect as it provides for the financial security of the family members left behind after a person’s death. Let’s explore the details of how inheritance is distributed in Islam.

What is the Importance of Inheritance in Islam?

In Islam, the distribution of inheritance is considered a mandatory obligation that must be fulfilled after a person’s death. This is mentioned in the Quran and is a way of ensuring that the surviving family members are financially secure even after the death of the breadwinner.

Islam recognizes the value of wealth and property, but also emphasizes the importance of sharing with others. Therefore, the distribution of inheritance is a means of promoting social justice, equality, and compassion towards others.

Who is Entitled to Inherit?

According to Islamic law, only certain family members are entitled to inherit from a deceased person. These family members include:

Other relatives like grandparents, uncles, aunts, and cousins are not entitled to inherit unless there are no other eligible family members.

How is Inheritance Distributed?

After the death of a person, the first step is to pay off any outstanding debts and funeral expenses from the deceased person’s estate. The remaining wealth and property are then distributed among the eligible family members according to their entitlements.

If there is more than one eligible family member, the inheritance is distributed among them in the specific shares mentioned in the table above. If there is only one eligible family member, then they will inherit the entire estate.

It is important to note that the Shariah court oversees the distribution of inheritance to ensure that it is done correctly and fairly.

What Happens if a Person Dies Without a Will?

If a person dies without leaving a will, their estate will be distributed according to the Islamic law of inheritance. This means that only the eligible family members mentioned above are entitled to inherit, and the specific shares mentioned in the table apply.

It is recommended for every Muslim to make a will before their death to ensure that their estate is distributed according to their wishes.

What is the Rule of Ta’zir in Inheritance Distribution?

Ta’zir is a discretionary power used by judges in Islamic law to determine the distribution of inheritance in a way that is fair and reasonable. This power can be used in situations where the strict application of the Shariah law may not be fair to all parties involved.

For example, if a father leaves behind two sons and one daughter, the strict application of the Shariah law would mean that each son would inherit twice as much as the daughter. However, if the judge finds that this distribution is not fair to the daughter, they may use their discretion to distribute the inheritance in a way that is more equitable.

What are the Common Misconceptions about Inheritance in Islam?

There are several misconceptions about inheritance in Islam that need to be clarified. Some of these include:

Misconception 1: Women Receive Less Inheritance

This is not true. Women are entitled to a fair share of inheritance according to their relationship with the deceased person, just like men. The specific shares are mentioned in the table above.

Misconception 2: Adopted Children have Equal Rights to Inheritance

This is not true. In Islam, only biological children are entitled to inheritance. Adopted children do not have the same rights unless they are legally adopted according to the Islamic law.

Misconception 3: Non-Muslim Family Members are not Entitled to Inherit

This is not true. Non-Muslim family members are entitled to inherit according to the Shariah law, as long as they are eligible family members mentioned in the table above.

Misconception 4: Inheritance Laws are Unfair to Women

This is not true. Islamic inheritance laws are based on the Quran and the Sunnah, and they provide for a fair and equitable distribution of wealth among eligible family members.

Conclusion

In summary, the distribution of inheritance is an essential aspect of Islamic law that ensures the financial security of surviving family members. The specific shares of inheritance for eligible family members are mentioned in the Quran and the Sunnah, and they provide for a fair and just distribution of wealth. It is essential for every Muslim to make a will to ensure that their estate is distributed according to their wishes. Finally, it is important to clarify any misconceptions about inheritance in Islam to ensure that the correct information is widely known and understood.

Cara Pembagian Warisan Menurut Islam