Islamic Inheritance System Research Articles

“Divide According to Sharīʿa”: The Islamic Inheritance System in the Russian Empire

Abstract Until the end of the imperial period, the Volga-Ural Muslim communities in the Russian empire practiced several methods of intergenerational property transfer, such as waṣiyyat (bequest), hiba (gift), ṣulḥ/takhāruj (peaceful settlement) and the “science of the shares” (ʿilm al-farāʾiḍ). The Volga-Ural Muslims considered them all as legitimate ways of property division according to Islamic law (sharīʿa). However, a significant shift occurred in the early 1820s when the Russian imperial state confirmed the Orenburg Muslim Spiritual Assembly as the court of appeal for family and inheritance matters. Subsequently, Volga-Ural Muslims began to petition the oa, seeking a reconsideration of their inheritance divisions, specifically requesting a division “according to sharīʿa”. By the end of the nineteenth century, most of these petitions resulted in divisions based on the science of the shares. I argue that the oa served as an extra-communal venue where Muslims could challenge intra-familial or communal methods of inheritance division, and request divisions based on the science of the shares.

Gender Justice Principles in the Islamic Inheritance System

This study aims to examine the principles of gender justice within the Islamic inheritance system, based on Surah An-Nisa’ verses 11-12, which stipulate a 2:1 ratio (a male receives two shares of the inheritance compared to a female). However, in the modern era, with changing times and human mindsets, as well as demands for equal rights, this 2:1 stipulation is considered a problem of justice. This research is normative juridical research, employing the library research method. The legal materials used include literature studies, such as interpretations of sacred texts, fiqh books, books, journals, previous research results, websites, and other writings related to the issues being studied. The results of this research indicate that justice refers to fair and equal treatment for every individual in accordance with the principles of the Qur'an and Hadith. However, in the context of Islamic inheritance distribution, challenges arise due to social and cultural changes that affect its interpretation and application. Although the principles of justice remain, there needs to be a renewal in the interpretation and implementation of Islamic law to reflect social and economic developments and to advocate for gender equality. This adaptation is not an effort to oppose culture or religion but a step towards a more just society for all individuals, regardless of gender. In making this adaptation, religious values and cultural traditions must be reinterpreted in accordance with the spirit of inclusivity and justice inherent in Islam, so that Islam remains a relevant moral and legal guide for its followers.

Design Requirements on Web-Based Ancestry Platform for Islamic Family Inheritance in Malaysia

The Islamic inheritance system is typically explained through the concepts of wasiat (will), hibah, and faraid. In Islam, there is no limit on transferring property during a person's lifetime, but the distribution of inheritance upon death is subject to the rules of faraid and will. The delay in claiming inheritance rights for many Muslim families can lead to the accumulation of unclaimed estates and frozen assets that cannot be distributed to eligible heirs. This study aims to identify the challenges and issues with the traditional methods of inheritance distribution and propose improvements for the existing Ancestry Platform for Islamic Family Inheritance in Malaysia This study was designed as a qualitative approach that consists of five stages, which are Planning, Research Design, Data Collection, Data Analysis, and Documentation. This research has adopted Technology-Organization-Environment (TOE) Framework as part of the research scope and semi-structured interviews were conducted with the representatives from the Selangor Islamic Religious Council (MAIS) to identify the root cause of the inheritance distribution problem. The data collected was analysed using the Content Analysis method. This paper will propose the inclusion of documentation collections and family tree features as elements of the Ancestry Platform. These improvements could be useful for future developers or institutions looking to implement the platform.

PEMBAGIAN WARISAN SAMA RATA (STUDI KONTEN BUYA YAHYA DI MEDIA SOSIAL YOUTUBE)

The issue of inheritance distribution has often caused debate even since centuries before. This research aims to examine from the perspective of Islamic law the equal division of inheritance. The research method used is qualitative method with library research and content analysis approach. The result of the research is that basically Islam does not recognise an equal division of inheritance. And Islam has regulated in such detail the division of inheritance, as mentioned in the Quran and Hadith. The Quran is a holy book that is used as the main life guide for Muslims to be obeyed to get peace and peace in life. The Islamic inheritance system is very fair, and fair does not mean the same. Through the Al-Bahjah TV channel, Buya Yahya in his content explains that equal distribution of inheritance is also allowed under certain conditions, namely there must be no belief that the provisions for the distribution of inheritance that have been taught in the Al-Quran are unfair, then the next condition is that it is carried out voluntarily by the party with the larger share of inheritance. Buya Yahya emphasised the importance of following the rules of sharia and maintaining peace in the process of dividing inheritance. To minimise the risks of the world and the hereafter, if the inheritance will be distributed equally, then the settlement can also be done with other alternatives before the heir dies, namely by means of a grant contract or will contract. This research is expected to add broader insights regarding the distribution of inheritance equally.

INHERITANCE LAW IN THE PERSPECTIVE OF CUSTOMARY LAW, CIVIL LAW, AND ISLAMIC LAW

In order to understand the rules and intricacies of inheritance law, it is almost unavoidable to first understand some terms that are commonly encountered and known. However, there are three inheritance laws that apply in Indonesia, namely customary inheritance law, civil inheritance law, and Islamic inheritance law. Customary inheritance law is the legal rules that regulate the transmission and transition from century to century both tangible and intangible assets from generation to generation. A person becomes an heir according to civil inheritance law due to marriage and blood relations, whether legally or not. The Islamic inheritance system according to the Qur'an is actually an improvement and change from the principles of inheritance law that prevailed in Arab countries before Islam, with its patrilineal family system.

A COMPARATIVE STUDY BETWEEN THE CUSTOMARY INHERITANCE LEGAL SYSTEM OF THE COMMUNITY AND THE ISLAMIC INHERITANCE LEGAL SYSTEM ON INHERITANCE DISTRIBUTION IN MUKOMUKO CITY DISTRICT OF MUKOMUKO REGENCY

The writing of this research aims to: (1) understand and explain the inheritance distribution system according to the customary inheritance law of the Mukomuko community; (2) understand and explain the inheritance distribution system according to the Islamic inheritance law; (3) understand, study, and compare between the customary inheritance system of the community and the Islamic inheritance legal system on the inheritance distribution. This research used a normative research method with a comparative approach. A comparative approach is an approach to investigate the similarities and differences in things, people, work procedures, ideas, and critics towards other people, groups, and people’s perspectives on a group, a country, or an event. This research revealed that: (1) the inheritance distribution system according to the clan customary inheritance law, either high heirloom property (known as Harta Pusaka Tinggi) or matrimonial property, is subjected to matrilineal principles (the inheritance right of daughters are greater than the sons); (2) the inheritance distribution system according to the Islamic inheritance system is subjected to Qur’an with patrilineal principles (the inheritance right of sons are greater than the daughters); (3) the comparison of inheritance distribution according to the customary legal system of the community and the Islamic inheritance legal system have some similarities and differences. Both systems have tangent points in which the customary law of the community is individual-collective which is under the matrilineal principles while the Islamic inheritance law is individual-bilateral which is under the patrilineal principles. Keywords: A comparative study, the customary inheritance law of the community, the Islamic inheritance law.

The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia

This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.

ANALISIS KEWARISAN BEDA AGAMA DALAM PERSPEKTIF HUKUM ISLAM

This research examines the law of inheritance which is the rule governing human relations regarding inheritance. Inheritance between a Muslim and people of different religions of course there are differences. This research uses library research with a normative approach. The data was obtained by collecting from several sources, such as books and articles, which were then analyzed normatively using the basis of Islamic law, such as the Koran and hadith. The result of this research is that there are decisions of the Supreme Court which provide provisions regarding inheritance to heirs of different religions through a mandatory will with the same level as the heirs of different religions should receive in the Islamic inheritance system. Determination of the validity of the obligatory will for heirs of different religions is a form of creating benefit and peace, especially in a family.

BAITULMAL INTERACTIONS IN RESOLVING CONVERTS INHERITANCE CLAIMS IN MALAYSIA

Baitulmal is a national treasury institution that is responsible for ensuring that the welfare of Muslims is taken care of without sidelining other citizens who live in an Islamic country. Therefore, its management needs to be carried out with full trust, integrity and accountability so that its aim can be achieved which can be used as a platform to raise the message of Islam. However, in the Islamic inheritance system, non-Muslimsareprevented from receiving Muslim inheritance even if they have family ties. Inheritance without Muslim heirs causes this inheritance to be handed over to Baitulmal. In light of that, the objective of this study is to identify baitulmal interaction with regards to the claims of non-Muslim family memberson the estate of deceased converts. This qualitative study via content analysis gathered data and information through document analysis and interviews. The collected data were then analyzed using a descriptive approach. The results of the study found that Baitulmal applied harmonious interaction in meeting the claim of a converts inheritance by non-Muslim heirsin Malaysia. Thus, in the context of being used as a reference, this study can contribute to unravel the misunderstanding among non-Muslim heirsregarding the role of Baitulmal in meeting their demands on the inheritance left by converts and can also be used as a form of dawah to them to understand Islam.

Inheritance Law in The Perspective of Customary Law, Civil Law And Islamic Law

In order to understand the rules and intricacies of inheritance law, it is almost unavoidable to first understand some terms that are commonly encountered and known. However, there are three inheritance laws that apply in Indonesia, namely customary inheritance law, civil inheritance law, and Islamic inheritance law. Customary inheritance law is the legal rules that regulate the transmission and transition from century to century both tangible and intangible assets from generation to generation. A person becomes an heir according to civil inheritance law due to marriage and blood relations, whether legally or not. The Islamic inheritance system according to the Qur'an is actually an improvement and change from the principles of inheritance law that prevailed in Arab countries before Islam, with its patrilineal family system

Changes In The Inheritance System Of Pusako Tinggi Assets And Their Impact On The Minangkabau Traditional Inheritance System

This study analyzes changes in the inheritance system of Pusako Tinggi assets and their impact on the Minangakabau customary inheritance system. As empirical legal research, it addresses the changes in the behavior of the Minangkabau indigenous people related to inheritance in Pusako Tinggi assets. To gain a better understanding of the main problem, philosophical, sociological, and case approaches were used. Data were collected by observation, interview, and document study, and they were analyzed in a descriptive-qualitative manner with an inductive conclusion. The results of the study revealed that the following factors caused some changes in the inheritance system of Pusako Tinggi assets in the Minangkabau indigenous people: (1). The influence of the Islamic inheritance system; (2) Registration and Granting of Higher Inheritance Rights; (3) Pusako Tinggi land trade; (4) The weakening power of mamak. Changes in the inheritance system for Pusako Tinggi assets in the Minangkabau people have an impact on: (1) elimination of nephews’ inheritance rights; (2) changes in Mamak’s responsibilities; (3) no addition of pusako tinggi; (4) the development of migratory culture; (5) the use of Pusako Tinggi land for investment.

Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah kepada Ahli Waris Non Muslim:Studi Kasus Putusan Mahkamah Agung No. 16K/Ag/2010

The existence of non-Muslim heirs in one family will cause problems when dividing the inheritance of the heirs. Islamic law firmly states that non-Muslim heirs are an obstacle to getting a share of the inheritance of the Muslim heirs. The research results obtained are that the ulama and jurists agree that religious differences between the Heir and the heir are one of the factors that hinder them from obtaining the right to be an heir, Muslims cannot accept infidels and vice versa. Non-Muslim heirs in the Islamic inheritance system in Indonesia can receive the heir's inheritance through a mandatory will based on a court decision, although the court decision is not binding on all Indonesian citizens, but only as a guide for future judges in deciding similar cases. However, there were pros and cons regarding this decision among fiqh experts and Islamic law academics. The ideal reconstruction model for distribution of inheritance for non-Muslim heirs in the Islamic inheritance system in Indonesia, namely by means of a mandatory will but given on the basis of expanding the meaning of Article 209 KHI, a mandatory will is given to non-Muslim heirs not from the inheritance but from the inheritance of the heir, and granting mandatory wills to non-Muslim heirs based on benefit, expediency and justice and given to non-Muslim heirs who are in dire need from an economic perspective.

Akibat Hukum Terhadap Ahli Waris Yang Tidak Ditetapkan Sebagai Penerima Waris

Abstract— This scientific article aims to find out the legal consequences for heirs who have the right to inherit but are not stipulated in the determination of the Polewali Religious Court No.444/Pdt.G/2015/PA.Pwl. The method used in this article is normative juridical, which is a method that is focused on examining the rules or norms in positive law. The normative juridical method does not start from a hypothesis, but departs from identifying legal facts and eliminating irrelevant matters to be determined as legal issues to be solved. The results in the conclusion indicate that the position of the nephew as a substitute heir who is not designated as an heir in the Islamic inheritance system according to the Compilation of Islamic Law based on the Determination of the Polewali Religious Court Number 444/Pdt.G/2015/PA.Pwl, is the occurrence of a substitute heir who does not being determined as the beneficiary of the heir is possible because of the facilities in the form of facilities and infrastructure which include legal counseling materials, and the smooth administration is not supportive which consequently has an impact on the low awareness of the public in complying with the provisions of the substitute heir or whether something has been missed and or is not too thorough from the judge, so that cause various problems that cause heirs who may have more rights such as substitute heirs do not get their rights.

PENGARUH HUKUM ADAT TERHADAP KETENTUAN WARIS PASAL 183, 185, DAN 209 KOMPILASI HUKUM ISLAM PERSPEKTIF TEORI RECEPTIO A CONTRARIO

The presence of Kompilasi Hukum Islam (KHI) which in the beginning was anticipated as a source of Islamic civil law after releasing in Indonesia having such a pro and contra. That’s because there are some provisions that don’t fit with the classical fiqh books. Though it is said that KHI in the formulation is based on a study of the books of fiqh, especially Shafi’i. According to several parties, like Habiburrahman in his research, there are elements of customary law comes in, especially in the chapters concerning about inheritance.
 Based on the statement that KHI was influenced by customary law, this research aims (1) to study KHI subsection 183 about the division of inheritance peacefully, subsection 185 about representation of heirs, and subsection 209 about obligatory bequests for adopted children; (2) how is the influence of customary law against those three articles of KHI on perspective of Receptio a Contrario Theory.
 This research was classified into normative research. Used data is secondary data. The process of gathering data using documentation methode according to the conceptual approach. Data was analyzed by descriptive qualitative methode. As for verifying the validity of the data using triangulation techniques.
 The result of research showing that subsection of 183 about division of inheritance peacefully has something in common with the tradition of Indonesian society that share their inheritance deliberately. While subsection 185 about representation of heirs was reflected family system which adopted by the majority of Indonesian society, with the name bilateral system. It can be seen from the possibly of replacement the heirs for orphaned grandchildren from deceased mother, which is not accommodated in the classical Islamic inheritance system. Subsection 209 about obligatory bequests for adopted children is an alternative solution for adopted children who didn’t get a share when his/her adoptive parents died. This policy is enforced due to the practice of adoption is something usual in Indonesia. According to the Receptio a Contrario theory, the customary law can be accepted if only it’s not contradictory with Islamic law. Based on the study which researchers did, although all three subsection are influenced by customary law, but the values that contained in there already accordance with the Islamic law.

Analysis of Inheritance Division Based on Deeds Made Before Notary Perspective Sadd Adz-Dzari'ah (Study at Notary Office of Bengkulu City)

This research aims to explain: 1) How is the distribution of inheritance made by the heirs based on the deed made before the notary perspective of Sadd Adz-Dzari'ah?, 2) What is the position of the inheritance distribution deed made before the notary perspective of Sadd Adz-Dzari’ah?. This type of research is library research. Data collection techniques using the Document Method. The conclusion states that, 1) The heirs in dividing the inheritance do not use the Islamic inheritance system but are divided in a family manner using each party discussing each other looking for a way out of the inheritance problem being faced. 2) The implementation of the inheritance distribution in a family is not intended to avoid furudhul muqaddarah (the part set out in the text), but is nothing but for the benefit of all heirs and avoid kemudharatan. To prevent this kemudharatan, then made the Deed of Inheritance before the notary public. So in the perspective of sadd adz dzari'ah, the position of making the deed of distribution of legal inheritance is sunnah.

Keadilan Gender dalam Kewarisan Islam: Kajian Sosiologis Historis

This study aims to examine the justice toward women in Islamic inheritance system with a historical-sociological approach. The research method used in this research is descriptive qualitative research as an effort to understand the concepts found in a research process, using content analysis techniques and library research. From this research, it is found that according to the sociological-historical approach, the inheritance of women in Islam is not initially regulated and only applies based on customs. In pre-Islamic times, women did not have inheritance rights, even as inheritance for their closest men. that the revelation of the verse regarding Islamic inheritance did not just appear, but as a response to traditions and problems in pre-Islamic Arab society. The provision for the distribution of inheritance 2:1 is not a courtesy and universal provision. This provision cannot justify that the text is clear. The right or wrong of this provision must be measured to what extent it reflects the value of justice and equality as muhkam and universal principle. The inheritance verse makes the Arab community aware that women are not objects of inheritance; but, instead inheritance subjects like men who have the right to inherit and be inherited. So that the verse about inheritance in Q.S. An Nisa (4): 11-12, this is an effort to improve the position of women in society by adjusting the sosial conditions of society according to the era so that the distribution of inheritance 2:1 is not justice, if, it is synchronized with the current sosial phenomena.

Economic Impacts of the of Inheritance System in Islam

    Praise be to Allah, Lord of the Worlds, and prayers and peace be upon our Prophet Muhammad and his family and companions, This study under the title “The Economic Impacts of the of Inheritance System in Islam” aims to illustrate the economic effects of Inheritance System in Islam. It includes an introduction, three sections and a conclusion.  The first section: the concept of Islamic economy, its characteristics and objectives are outlined. The concept of inheritance, and its provisions are stated in section two. Finally, section three clarified the economic effects of inheritance in Islam. The main findings of this research are: Under the Islamic Inheritance System, the private wealth will be fragmented quietly without inequality, violence or revolution. for the sake of prevent accumulate wealth among a few people. The Islamic Inheritance System has vital role in the economic growth and market, because the heirs are running the wealth in the market. The most important economic objectives of the system of inheritance in Islam: preservation of the wealth from waste and loss, because Islamic law pus limitation for disposing wealth by heir and do not allow the heir to act in all his wealth and more than the limit of the third before his death. The economic effects of the system of inheritance in Islam eliminate poverty. The economic effects of the system of inheritance in Islam eliminate or reduce unemployment. The economic effects of the system of inheritance in Islam redistribution of funds and economic reorganization.

Kedudukan Cucu Sebagai Ahli Waris Pengganti Dalam Hukum Waris Islam (Studi Kasus Nomor: 0013/PDT.P/2015/PA.DPS)

Abstrak—Dari seluruh hukum yang berlaku saat ini, hukum kewarisan mempunyai peran yang begitu penting bahkan juga menentukan serta mencerminkan sistem kekeluargaan yang berlaku didalam masyarakat. Akhir-akhir ini sangat banyak sengketa yang timbul akibat dari kasus permohonan ahli waris yang meninggal terlebih dahulu dari seorang pewaris tersebut. Kasus tersebut memiliki jalan keluar dengan dibentuknya sebuah konsep tentang ahliwaris pengganti. Permasalahan hukum tentang penggantian ahliwaris merupakan sebuah konsep yang diperbaharui dalam KHI. Konsep ahli waris pengganti bertujuan untuk memperoleh rasa keadilan bagi ahli waris. Adapun rumusan masalah yang diangkat adalah (1) Bagaimana kedudukan cucu sebagai ahliwaris pengganti didalam sistem kewarisan Islam menurut KHI? dan (2) Bagaimanakah perttimbangan majelis hakim terhadap kedudukan cucu sebagai ahliwaris pengganti didalam Permohonan Penetapan PA Denpasar Nomor: 0013/Pdt.p/2015/Pa.Dps.? Dalam penelitian ini menggunakan penelitian hukum normatif yaitu dalam pengkajiannya mengolah bahan-bahan kepustakaan serta berkas putusan yang berkaitan. Kesimpulan dari penelitian ini dapat dikatakan cucu yang berkedudukan sebagai ahli waris pengganti didalam sistem kewarisan Islam menurut KHI PA Denpasar mengeluarkan Penetapan Nomor: 0013/Pdt.p/2015/Pa.Dps bahwa cucu tersebut bisa menggantikan posisi kedua orang tuanya yang dapat disebut ahli waris, karena sesuai Psl 185 ayat 1 KHI, seseorang dikatakan bisa mendapatkan warisan karena memperoleh kedudukan yaitu seseorang yang telah diganti harus sudah dalam keadaan meninggal dunia lebih awal dari pada si pewaris .

MAPPAMMANA TRADITION OF BUGINESE COMMUNITYIN BONE: A LEGAL REVIEW OF ISLAMIC INHERITANCE

The mappammana tradition is a custom of the Buginese community in Bone as a form of transfer of properties from the heir to the heirs. Mappammana is a system of inheritance that has been practiced in the past to this day. The mappammana mechanism is an interesting issue, because in the millennial era, this system is still used by the Buginese community in Bone in the transfer of properties. It is important to explain the connection of the mappamana tradition in the frame of Islamic inheritance law.Research is a field of research, data sources obtained from interviews with religious leaders and figures of the Buginese community in Bone. The approach used is theological normative, sociological, and anthropological by examining the social phenomenon of the mappaammana system of the Buginese community in Bone. The findings of this study indicate that there are mappammana traditions that are general namely, pabbere and pappaseng , are gifts without any sacred value contained in the object used as maanaa .As for the mappammana , it is ' amp ῑkȃle' , specifically applies because amp ῑkȃle is a sacred gift and is accompanied by a will. Based on Syahrur's hudud theory, at-Tufi's Maslahah , and al-Jauziayah's urf theory, mappammana as a legacy system practiced by the Buginese community in Bone is considered in line with the values of the Islamic inheritance system because it still upholds the values of consensus value and benefit.The implication of this finding is that the distribution of inheritance does not look at the way it is, but the most important thing is the pleasure of the parties in accepting the results of deliberations and distance from disputes between fellow heirs. Keywords: Islamic Inheritance Law; Tradition; Mappammana; Buginese in Bone.

Reformulation of the Status and Legal Position of Wives in the Concept of Joint Marital Property in the Islamic Inheritance System

The focus of this research study is Reformulation of the Position of the Treasure of Wife Search. The focus of this study is important because, in national regulations included in the compilation of Islamic law the assets obtained in marriage become common property, so that whenever there is divorce or death each gets a half share. In Law No. 1 of 1974, concerning Marriage, specifically concerning people who are Muslim, it is regulated in the Compilation of Islamic Law (KHI), looking at shared assets as assets produced in marriage. Here it is not questioned whoever looks for it. Marriage is seen as the composition of the Rights and Obligations of husband and wife who each have different duties from each other. In principle, the husband is obliged to seek and provide a living for his family, and the wife is obliged as a housewife, caring for children and so on. On the basis of this composition, the assets acquired in marriage become joint assets. Ironically, in the reality of life in society, many wives work for a living, so it is interesting to study different proportions in the distribution of property, for example divorce. While the law is rigid, each gets half the portion. This composition is the basis of a sense of justice, so the need for reformulation leads to a balance shifting to the wife, that is, the wife has more rights than the assets.