for this section i would let to explain about inheritance in islamic law perspective and civil law.
the first explanation is what is the meaning of inheritance itself?
Inheritance is something devolve in the form of
property owned by a person after the testator dies or something given by
devisor to heir.The inheritance must have been
provided by the laws on who is entitled to inherit, how large or how many
objects that will be inherited. now days so many case about heritage,this problem appear because one of the heirs were not satisfied with their
part, because of that case indonesia government made a rules regarding inheritance.
Inheritance law is set of law governing what is going on to the assets
of someone who has passed away, in other words, set the transition of wealth
left by someone who had died and their consequences for heirs. Indonesia does
not have a state inheritance laws but indonesia have three rules about
inheritance they are customary law, civil law, and islamic law. There are some
similarities and differences between the three legal principle governing the
subject of inheritance.
In
islamic laws set some rules of law,
according in islamic law the position of inheritance law include in family law.
The laws about family law describe in quran verse An-Nissa(Q.S.IV) that means
inheritance who left by devisor does not belonging all for heirs, but there is
some part to paid devisor debt.
The factor to deserve inheritance are:
- the relation of blood such as father,mother,sister,and brother
- Marriage which is the legal ceremony
(syar'i) between a man and a woman,if they are devorce the man and the women
does not deserve anymore to get some of inheritance
- Al Wala is kindship because of legal,or the
freedom of slave
Factor for someone did not deserve the inheritance are:
1. Slave
Someone have status as
a slave is not entitled to inherit even from his brother.Everything that owned by
slaves, directly becoming owned the master. Slaves as qinnun (pure slave),
mudabbar (slaves who have been declared free if his master dies), or mukatab
(slave who had run exemption agreement with his master, the terms agreed by
both parties). As a result, all kinds of slaves is thwart right to inherit and
the right to inherit because they have no property rights.
2. Murdered
If
the heir killed the devisor then he is not entitled to inheritance. It is based
on the words of the Prophet.:
"It
is not right to inherit a killer who's killed."
3. different religious
As
a muslim can not inherit or be inherited by non-Muslims, whatever their
religion. It has affirmed the Prophet. in his saying:
"It is not right to inherit a Muslim
infidels, nor inherit Muslim infidels." (Bukhari and Muslim)
Amount of someone get
inheritance based on Quran:
1.
Someone who deserve a half of
inheritance are one from man and three from women
2.
Someone who deserve 1: 4 of inheritance
are husband and wife
3.
Someone who deserve 1:8 is a wife
4.
Someone who deserve 2/3 are from women
side such as two of daughter, two of granddaughter,etc
5.
Someone who deserve 1/3 they are the
mother and the two of their sibling (the brother or the sister)
6.
Someone who deserve 1/6 such as the
father,grandfather,mother,granddaughter (from man blood), sister(from father’s
blood),grandmother,sister and brother(from mother’s blood).
According
to the indonesia legal system there is many diversity of this case,it is because of each class of the population has the right to select the
desired about the rule of law in accordance with their belief, customary or their
group. as a heir we have many option to decided which system we would like to choose,there is islamic law and customary law. Each legal systems have difference principle, there are two authorities to decide in case of inheritance disputes, the authority of
Islamic law is the Religious, and the authorized of customary law is the Court.
In
indonesia legal system someone who deserve get the inheritance is:
·
Group I
In
this group, the husband or wife or child and heir descendants are eligible to
receive an inheritance. In the chart above that the inheritance is the wife /
husband and three children. Each got a quarter part.
·
Group II
This
group are those who get an inheritance if the heir does not have any husband or
wife, and children. Thus the right are two parents, siblings, and relatives or
descendants of the deceased.
In
the example chart above who have inherited the father, mother, and two siblings
heir. Each got a quarter part. In principle part of parents can not be less than
¼ section
·
Group III
In
this group does not have any siblings so that getting a family inheritance in a
straight line up, either from the mother or father
Group IV
In
this group are eligible to receive a family inheritance is blood in the line up
are still alive. They got ½ parts. While the heir to the other line and rank
closest to the deceased get ½ the remaining sections.
SIMILARITIES
AND DIFFERENCES WITH NATIONAL LAW INHERITANC INHERITANC ISLAMIC LAW
Ø Similarities
1. Any
inheritance will move from the hands of those who left a legacy to all heirs.
2. In
the case of funeral expenses, there is no difference between Islam and
national laws of inheritance, meaning that in both system the first aim of the inheritance is used to pay for funeral expenses corpse.
3. Subject for the same laws are among the Heir and his heirs.
4. Elements
of the same inheritance, every individu has freedom to make heritage statement.
5. Those
entitled heir is basically the same, the blood relatives of the Heir.
Ø Differences
1. In
islamic men get more than a women,in civil law men and women equal
2. In
islamic law there is a separation between inheritance and the debt,like when you have debt to someone your heritage must be paid for debt first and then given to each heir
