YENI SALMA BARLINTI

ISLAMIC INHERITANCE LAW

PRINCIPLES OF ISLAMIC
INHERITANCE LAW
1. Bilateral  male and female have rights to inherit from their
parents and relatives through male and female lines
2. Ijbari  the Islamic inheritance law prevails automatically
because of death. Allah determines the law for human (muslim
must obey the devine law).
3. Death  inheritance law is applied if there is a death
4. Individual  male and female get legacy (estate) as an
individual, and it belongs to individual
5. Fairness  the shares of estates that determined by Allah are
fair. The fairness is not about amount of shares, but the
function of shares for person
6. Islamic personality  Islamic inheritance law is only for
muslim: the deceased and heirs
SYSTEMS OF ISLAMIC INHERITANCE
IN INDONESIA

1. System of Bilateral Hazairin

Islamic inheritance law is available for male and
female through male and female lines
2. System of Patrilineal Syafi’i
Islamic inheritance law is inclined (prefer) to male
lines
3. System of Compilation of Islamic Law
(Kompilasi Hukum Islam, KHI)
Combination of bilateral and patrilineal, but inclined
to patrilineal
PILLARS OF ISLAMIC INHERITANCE

1. Muwaris  the deceased

2. Waris  heir(s)
3. Maurus  estate
TERMS/REQUIREMENTS OF ISLAMIC
INHERITANCE

1. The deceased  muslim

2. The survival of heir(s)  muslim
3. Estate / legacy
4. Relationship between the deceased and
heir(s)
1. Cognation
2. Relations by marriage
5. The heirs have no hindrance/obstacle 
different religion, kill the deceased
CLASSIFICATION OF HEIRS

Bilateral-Hazairin
1. Zul fara’id
2. Zul qarabat
3. Mawali

Patrilineal-Syafi’i
4. Zul fara’id
5. Ashabah: ashabah binnafsihi, ashabah bilghairi,
and ashabah maal ghairi
6. Zul arham
Cont’d

 Compilation of Islamic Law

1. Zul farai’id
2. Ashabah
3. Substitute Heirs
Zul Fara’id

 Heir who has certain share in certain

condition
1. Daughter (without son)
2. Mother
3. Father, if the deceased has child (children)
4. Husband
5. Wife
6. Brother and sister who are sharing
7. Sister, if the deceased is kalalah.
Zul Qarabat

 Heir has uncertain share

1. Son
2. Daughter, if the deceased has son
3. Father, if the deceased has no child (children)
4. Brother, if the deceased is kalalah
5. Sister, if the deceased has brother
Mawali

 Heir is substitute of original heir who is died

first before the death of the deceased
Ashabah

 Heir has uncertain share

 Patrilineal or male lines of the deceased is
required in ashabah
 3 Kinds of ashabah :
a. Ashabah Binafsihi: heir is ashabah because of himself
position: (i) son, (ii) father, (iii) brother
b. Ashabah Bilghairi: heir is ashabah because of male’s
position: (i) daughter with son, (ii) sister with brother
c. Ashabah Maalghairi: sister who inherits along with
daughter
Zul Arham

 Heir has cognation with the deceased by

female line
 Zul-Arham becomes heir if the deceased has
no zul-fara’id and ashabah, heir of zul-fara’id
of marital relationship is an exception
PRIMARY GROUPS OF HEIRS

 Primary groups of heirs only exist in system of

bilateral-Hazairin
 1st Primary Group
1. Children
2. Husband/wife
3. Father and or mother
 2nd Primary Group
1. Brother and or sister
2. Husband/wife
3. Father and or mother
Cont’d

 3rd Primary Group

1. Husband/wife
2. Father
3. Mother
 4th Primary Group
1. Husband/wife
2. Substitute of father
3. Substitute of mother
LEGAL BASIS

 QS An Nisa verse 7
 QS An Nisa verse 11
 QS An Nisa verse 12
 QS An Nisa verse 33
 QS An Nisa verse 176
SHARES OF CHILDREN

 Son, a portion equal to two shares of

daughter
 If only daughters, two or more, their shares is
two-thirds (among them)
 If only one daughter, her share is a half
SHARES OF PARENTS

 For parents, a sixth share of the estate to

each, if the deceased has left children
 If no children, and the parents are the (only)
heirs, the mother has a third
 If the deceased has left brothers (or sisters)
the mother has a sixth
SHARES OF HUSBAND & WIFE

 Share of husband is a half if the deceased has

left no child
 Share of husband is a fourth if the deceased
has left child
 Share of wife is a fourth if the deceased has
left no child
 Share of wife is a eighth if the deceased has
left child
SHARES OF BROTHER AND SISTER

 Brother(s) and sister(s) will get shares if the deceased is

kalalah
 Definitions of kalalah:
 According to Hazairin  bilateral
If the deceased has left no child (son and or daughter) and their
descendants (male and female)
 According to Syafi’i  patrilineal
If the deceased has left no son, son of son or through male’s
descent line, and father
 According to KHI
If the deceased has left no child (son and or daughter), their
descendants (male and female), and father
SHARES OF BROTHER AND SISTER

QS An Nisa verse 12
 A brother or a sister is a sixth
 Brother(s) and or sister(s), they share in a third
QS An Nisa verse 176
 A sister is a half
 Two or more sisters are two-thirds (between them)
 Brother(s) takes all (if no descendants or ascendants)
or remaining inheritance after other(s)
 Brother(s) and sister(s), the male having twice the
share of the female
USING OF QS AN NISA : 12 & 176

SUBJECTS HAZAIRIN SHAFI’I

QS An If father is For uterine
Nisa : 12 alive
QS An If father had * For full-sister
Nisa : 176 died before and brother
the deceased * For consanguine
DISTRIBUTION OF ESTATES

 Distribution of estates after payment of:

 Bequest (wasiyah)  maximum a third
 Debts of the deceased