Question From:

Someone who does not want to be named in Pekalongan

 

Question:

I have a case relating to my brother, call it A. My brother was (A) mating with B, each of which already have one child. From A to B endowed marriage 7 (seven) children, 5 (five) men and 2 (two) women. B passed away, when his life he intestate to A for the nine children were given the inheritance rights of inheritance to wealth, namely in the form of a plot of land covering an area of 1230 square meters yard on which there is a house. If land were distributed less profitable because each willing to sell with a sales value of different, much less who got advance highway will be very much difference in resale value, a result is not fair. Two of the six children who already had homes berkeluanga residence and has obtained the inheritance in a joint, I mean legacy is obtained from the property to A and B and the rich inheritance of parents A and A itself. Garden soil which is the inheritance that had been offered Rp. 70 million due to A and her children agreed to be sold, but no matches. But now A intends to occupy it until an unspecified limit. Whereas children who have married but have not had a dwelling house are expecting from the sale of land inheritance. My question is:

1. Whether justified dividing the estate combined based on Islamic law? If justified, how the implementation is fair?

2. According to Islamic ethics are justified delaying the division of inheritance?

3. The property will be distributed if zakat must be spent before or not? If prosenkah zakat must be spent how much?


Answer:

We capture that which you ask with a joint distribution is to divide the estate of intangible property to rich A and B along with property A which is inherited from his parents A.

Civil pen, there are two things that need to be understood in solving problems that you ask, the first of tirkah or inheritance and the second about the heirs and parts thereof.

The first issue, according to Islamic law is meant by inheritance or estate of someone in this case B is all owned by B when the good life intangible assets default, property acquired by inheritance, grants, property acquired for its own businesses and property B results of operations with his wife (A) the brothers called a treasure for the rich. However, because the property does not belong to this rich B entirely, but there is a right A, then before the divided inheritance should be separated before or taken previously that are rightfully A. Thus the rich treasure that is their right to A and A property derived from his inheritance A, B does not include the estate and can not be inherited because A is still alive, except when A want menghibahkannya. Where concrete must be separated before his property where his property B and A. That can be shared only heir of his possessions B only after previously issued to pay its debts B (If any) payable either to others or debt to God.

Next thing is the heir of B is: First, the children B both luggage and children from the marriage with A which seven people. Secondly, his wife B is A. The child's innate heirs of A is not B because of their status rather than biological children, but her stepdaughter. A child's luggage only entitled to the inheritance of his assets A. Even if B says that all nine children to be given a share of wealth to rich, then for luggage A child is not regarded as part of a legacy but as a right of bequest that can be a maximum of 1 / 3 his assets B. Regarding each of the heirs, for the wife 1 / 8 part, because B has descendants. This is based on the provisions of the letter an-Nisa 'verse 12:

 

وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ

]النساء[12(04):

 

It means: "The wife obtained a quarter of a treasure that you leave if you do not have a child. If you have children, then the wife obtained a one-eighth of the property you have left after you make will be met or (and) after debts are paid your debt. "

Having taken the wife of one eighth part, the rest is for her children. Because children are composed of men and women, then the one boy with part two daughters (two versus one). This is God's word as specified in the letter an-Nisa 'verse 11:

 

يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

] النساء[11 (04):

 

 

It means: "Allah mensyari'atkan you about (the division of inheritance for) your children. ie: a portion of a boy with bagahian two daughters. "

In this case because of his estate such as land and houses, then to the land can be divided according to their respective parts thereof, of course, to be fair division should be seen in terms of price, which means if the road gets 100 meters, for which no alongside a road imbangannya maybe 125 meters or 150 meters. While the intangible heritage treasure house should not be shared directly with home plan fragment into several parts, because of its economic value to be reduced, but it should be sold and the proceeds are then divided. Who bought it? Sbaiknya of the heirs themselves with an agreed price. It could also land and houses all sold at a mutually agreed upon, then the proceeds divided among the heirs in accordance with their respective major parts.

Regarding the delay in the distribution of the estate, if all things relating to the estate had to be resolved, the estate should be divided, because if not immediately shared problems will arise which is a source of dispute. For example only, as long as the estate is not divided if all heirs can get their rights? Do not let that take advantage of Chinese-yam treasure that's only part heirs only, while others do not. Hence the division of inheritance according to Islamic inheritance law is individual, so if there are heirs who claim the estate was divided, should be immediately divided. However, if the heirs wish to not be divided, but remain held together even this thing is allowed, the important thing should not happen the deprivation of rights of heirs or annexation by the other heirs. Including annexation or seizure of the right heirs of the house is an heir of his assets were only used by one person or several persons heirs only, while others can not take advantage of the fact he's in desperate need of all.

Regarding whether the estate should dizakati prior divided, because in this case his estate such as land and houses, whereas in Islamic law there is no provision for zakat ground, then the estate before it is divided not need dizakati first. However, to the heirs are encouraged to bersadaqah when dividing the estate to close relatives who do not obtain the inheritance, for an orphan or to the poor in general. That is to order them to feel the happiness that was felt the heirs of enjoyment in the form of inheritance. This is as stated in the letter of the word of Allah an-Nisa 'verse 8:

 

وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينُ فَارْزُقُوهُم مِّنْهُ وَقُولُوا لَهُمْ قَوْلًا مَّعْرُوفًا

[8: (04)النساء]

 

 

It means: "And if at any division were present relatives, orphans and the poor, give them the property that (modest) and say to them good words."