Inheritance
A. Understanding inheritance law
1 . According to islam
Under the terms of Article 171 of the letters A KHI ( Compilation of Islamic Law ) states :
" Law is the inheritance laws governing the transfer of property inheritance ( Tirkah ) heir , to determine who is entitled to the heirs and how their share [ 1 ] " .
1 ) According to BW
Talking about inheritance law in question is west as stipulated in the Civil Code ( BW ) which adopts an individual , where the possessions of the deceased testator held division [ 2 ] .
2 ) Custom Meurut
Customary inheritance law is actually a law forwarding wealth from one generation to the keturtnannya .
Ter Haar , 1950; 197 states
" The law is the customary inheritance law rules regarding how the centuries penerusab and transition of assets tangible and intangible from generation to generation " .
Supomo , 1967; 72 states :
" Customary inheritance law contains rules governing the process
continue and mengopor goods possessions and goods
intangible objects ( Immateriele Geoderen ) from a
human generation ( generatio ) to its derivatives [ 3 ] " .
B. Political inheritance law
In Islam there are 5 azaz
a. Azaz Ijbari , means the division of inheritance has been determined by the Shari'ah .
b . Bilateral Azaz , meaning that heirs receive inheritance from the father and mother's group . This can be seen in the letter of the Qur'an an- Nisa ' verses 7,11,12 and 176 .
c . Azaz individual , meaning the estate can be distributed to heirs for privately owned.
d . Azaz justice , meaning the estate distributed according to their responsibilities in a balanced manner .
e . Azaz inheritance exists when there is death [ 4 ] .
I. System of inheritance law in Islam
As it is known that the applicable law is the law of inheritance faraidh .
" Faraidh according to the language terms is destiny ( Qadar / provisions and the Personality is part diqadarkan / specified for inheritance ! Thus faraidh is special about the expert part warsi determined by the size of Personality " .
Thus faraidh thus be regulated on the procedure division of Treasure
Heritage , the magnitude of the section between boys with girls , court
name of the authority to examine and decide disputes of inheritance,
For that Allah revealed the verses of the Qur'an which means :
" For men there is the right part of the possessions of the Father mother and her relatives , and for the ladies there is the right section ( also ) from the Father and Mother inheritance his relative , either a little or a lot according to predetermined sections " .
Part sipewaris legacy that will be enjoyed by the heirs of both boys and girls then established by God in the Qur'an , which means the following:
" God mensyaritkan you ( about the division of inheritance ) for your son ,
that is part of a boy with part two daughters " .
So it is clear that the division of the estate ( inheritance ) according to Islamic law
subject to predetermined by Allah which is part of a child boys
together with section 2 ( two ) daughters or 2 ( two ) versus
1 ( one ) .
Furthermore, according to the provisions of Article 171huruf A KHI ( Compilation of Islamic Law ) states :
" Law is the inheritance laws governing the transfer of rights
property inheritance ( Tirkah ) heir , to determine who is entitled to
become heirs and how their share " .
Then Article 176 Section III describes KHI :
" Great piece for a girl is half ( ½ ) parts ; when 2
( Two) or more of their co- samamendapatkan two- thirds ( 2/3 ) part , and if the girls
along with the boys then part is 2 ( two )
to 1 ( one ) with the girls " .
KHI and Article 183 states :
" The heirs to agree to peace in the division
estate, after each recognize parts " .
From the description listed above , it appears that between what was specified in the verses of the Qur'an to the one in KHI in particular concerning the amount of
section between boys with girls in the division of the estate left by sipewaris is same ie 2 ( two ) to 1 ( one ) . Since by because they al - Qur " an and haidst Prophet is obligatory and is a manual / guideline for all Muslims on earth , the provisions of the division of the estate ( inheritance ) even this is too optimistic
must be adhered to and followed.
Al - Quran states , which means :
" Divide inheritance among heirs according to the Book of Allah " . Then is as follows :
" ( Law - the law ) it is a decree of Allah ) those who submit to Allah and His Messenger . Allah will enter into heaven inside Sunga - flowing rivers , while they will abide therein , and that's a great victory " . From the above description , it is clear that confirmed that about heritage
carried out in accordance with the provisions specified heaven and reward those who comply and threatened with punishment of hell fire against the rejected and mengikarinya . In other words, Islam has set for sure about the inheritance law that applies to its adherents .
Besides, according to the progress and development of the times and
expert opinion among Muslims , the Islamic inheritance laws outlined
into a regulatory provisions referred to KHI ( Kompilas Islamic Law ) .
The right to inherit the above can also be lost due to certain reasons . Some things are a barrier to get heritage that is:
1 . Heir to the heir to intentionally commit murder .
2 . Religious differences between the heir and heiress .
3 . Bersetatus heirs as slaves or not free .
As for the terms of inheritance are :
1 . Leaving a person ( testator ) either intrinsically or in law ( eg, presumed to have died ) .
2 . Any living heirs essentially at the benefactor's death .
3 . Heir entire known with certainty , including the number of each part .
The term that is grant and testament . Sometimes we are not clear on the meaning of these two terms . Here is an explanation by Shaykh Sayyid Sabiq and Fauzan of books inheritance law matters .
Grants , according to Sayyid Sabiq , is an agreement that the purpose pennyerahan someone on his property to someone else during his lifetime without any compensation . While Sheikh Fauzan found grant is giving ( donations ) from people who are able of his time to others in the form of property known clearly .
While the term is testament granting ownership of a person to another person until he is entitled to have it when the giver has died .
Clear from the above understanding , the difference between the grant and testament . That people who get grants , he has a right to direct the administration at that time , while those who get a will , he can not have the gift to the giver of the world will die .
Based on their gender heirs can be classified into 2 groups
Heirs - male
Heirs - female
In the group of male heirs there are 15 :
1 . Boy
2 . Grandson of the male pathway
3 . Mr.
4 . Grandpa authentic ( ie father father ) and so on to the top of the line men
5 . Brother bladder
6 . Brother sebapak
7 . Brother Seibu
8 . Boys bladder
9 . Sons of brother siblings
10 . Uncle siblings
11 . Uncle sebapak
12 . The boy 's uncle siblings
13 . The boy 's uncle sebapak
14 . husband
15 . Men were freed slaves
A. Understanding inheritance law
1 . According to islam
Under the terms of Article 171 of the letters A KHI ( Compilation of Islamic Law ) states :
" Law is the inheritance laws governing the transfer of property inheritance ( Tirkah ) heir , to determine who is entitled to the heirs and how their share [ 1 ] " .
1 ) According to BW
Talking about inheritance law in question is west as stipulated in the Civil Code ( BW ) which adopts an individual , where the possessions of the deceased testator held division [ 2 ] .
2 ) Custom Meurut
Customary inheritance law is actually a law forwarding wealth from one generation to the keturtnannya .
Ter Haar , 1950; 197 states
" The law is the customary inheritance law rules regarding how the centuries penerusab and transition of assets tangible and intangible from generation to generation " .
Supomo , 1967; 72 states :
" Customary inheritance law contains rules governing the process
continue and mengopor goods possessions and goods
intangible objects ( Immateriele Geoderen ) from a
human generation ( generatio ) to its derivatives [ 3 ] " .
B. Political inheritance law
In Islam there are 5 azaz
a. Azaz Ijbari , means the division of inheritance has been determined by the Shari'ah .
b . Bilateral Azaz , meaning that heirs receive inheritance from the father and mother's group . This can be seen in the letter of the Qur'an an- Nisa ' verses 7,11,12 and 176 .
c . Azaz individual , meaning the estate can be distributed to heirs for privately owned.
d . Azaz justice , meaning the estate distributed according to their responsibilities in a balanced manner .
e . Azaz inheritance exists when there is death [ 4 ] .
I. System of inheritance law in Islam
As it is known that the applicable law is the law of inheritance faraidh .
" Faraidh according to the language terms is destiny ( Qadar / provisions and the Personality is part diqadarkan / specified for inheritance ! Thus faraidh is special about the expert part warsi determined by the size of Personality " .
Thus faraidh thus be regulated on the procedure division of Treasure
Heritage , the magnitude of the section between boys with girls , court
name of the authority to examine and decide disputes of inheritance,
For that Allah revealed the verses of the Qur'an which means :
" For men there is the right part of the possessions of the Father mother and her relatives , and for the ladies there is the right section ( also ) from the Father and Mother inheritance his relative , either a little or a lot according to predetermined sections " .
Part sipewaris legacy that will be enjoyed by the heirs of both boys and girls then established by God in the Qur'an , which means the following:
" God mensyaritkan you ( about the division of inheritance ) for your son ,
that is part of a boy with part two daughters " .
So it is clear that the division of the estate ( inheritance ) according to Islamic law
subject to predetermined by Allah which is part of a child boys
together with section 2 ( two ) daughters or 2 ( two ) versus
1 ( one ) .
Furthermore, according to the provisions of Article 171huruf A KHI ( Compilation of Islamic Law ) states :
" Law is the inheritance laws governing the transfer of rights
property inheritance ( Tirkah ) heir , to determine who is entitled to
become heirs and how their share " .
Then Article 176 Section III describes KHI :
" Great piece for a girl is half ( ½ ) parts ; when 2
( Two) or more of their co- samamendapatkan two- thirds ( 2/3 ) part , and if the girls
along with the boys then part is 2 ( two )
to 1 ( one ) with the girls " .
KHI and Article 183 states :
" The heirs to agree to peace in the division
estate, after each recognize parts " .
From the description listed above , it appears that between what was specified in the verses of the Qur'an to the one in KHI in particular concerning the amount of
section between boys with girls in the division of the estate left by sipewaris is same ie 2 ( two ) to 1 ( one ) . Since by because they al - Qur " an and haidst Prophet is obligatory and is a manual / guideline for all Muslims on earth , the provisions of the division of the estate ( inheritance ) even this is too optimistic
must be adhered to and followed.
Al - Quran states , which means :
" Divide inheritance among heirs according to the Book of Allah " . Then is as follows :
" ( Law - the law ) it is a decree of Allah ) those who submit to Allah and His Messenger . Allah will enter into heaven inside Sunga - flowing rivers , while they will abide therein , and that's a great victory " . From the above description , it is clear that confirmed that about heritage
carried out in accordance with the provisions specified heaven and reward those who comply and threatened with punishment of hell fire against the rejected and mengikarinya . In other words, Islam has set for sure about the inheritance law that applies to its adherents .
Besides, according to the progress and development of the times and
expert opinion among Muslims , the Islamic inheritance laws outlined
into a regulatory provisions referred to KHI ( Kompilas Islamic Law ) .
The right to inherit the above can also be lost due to certain reasons . Some things are a barrier to get heritage that is:
1 . Heir to the heir to intentionally commit murder .
2 . Religious differences between the heir and heiress .
3 . Bersetatus heirs as slaves or not free .
As for the terms of inheritance are :
1 . Leaving a person ( testator ) either intrinsically or in law ( eg, presumed to have died ) .
2 . Any living heirs essentially at the benefactor's death .
3 . Heir entire known with certainty , including the number of each part .
The term that is grant and testament . Sometimes we are not clear on the meaning of these two terms . Here is an explanation by Shaykh Sayyid Sabiq and Fauzan of books inheritance law matters .
Grants , according to Sayyid Sabiq , is an agreement that the purpose pennyerahan someone on his property to someone else during his lifetime without any compensation . While Sheikh Fauzan found grant is giving ( donations ) from people who are able of his time to others in the form of property known clearly .
While the term is testament granting ownership of a person to another person until he is entitled to have it when the giver has died .
Clear from the above understanding , the difference between the grant and testament . That people who get grants , he has a right to direct the administration at that time , while those who get a will , he can not have the gift to the giver of the world will die .
Based on their gender heirs can be classified into 2 groups
Heirs - male
Heirs - female
In the group of male heirs there are 15 :
1 . Boy
2 . Grandson of the male pathway
3 . Mr.
4 . Grandpa authentic ( ie father father ) and so on to the top of the line men
5 . Brother bladder
6 . Brother sebapak
7 . Brother Seibu
8 . Boys bladder
9 . Sons of brother siblings
10 . Uncle siblings
11 . Uncle sebapak
12 . The boy 's uncle siblings
13 . The boy 's uncle sebapak
14 . husband
15 . Men were freed slaves
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