Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol. 10, No. 2, Desember 2023,(233-246)
https://doi.org/10.32505/qadha.v10i2.7200
https://journal.iainlangsa.ac.id/index.
p-ISSN 2356-1637 | e-ISSN 2581-0103

Implications of Postponing the Distribution of Inheritance from an
Islamic Legal Perspective
Aminah Tanjung1*, Mariadi2
1,2 Institut Agama Islam Negeri Langsa, Indonesia
email: aminah@iainlangsa.ac.id
* Corresponding Author
Submitted: Oct 26, 2023

Accepted: Dec 29, 2023

Published: Dec 31, 2023

How to Cite (Chicago): Tanjung, Aminah, and Mariadi Mariadi. 2023. “Implications of Postponing the
Distribution of Inheritance from an Islamic Legal Perspective”. Al-Qadha : Jurnal Hukum Islam Dan PerundangUndangan 10 (2). https://doi.org/10.32505/qadha.v10i2.7200.

Abstract
Conflicts between heirs and a reduction in the rights or shares that must be received as a
result of some assets being controlled by one party generally result from delays in the
community's inheritance distribution. To avoid this, it is crucial to comprehend and be aware
of how inheritance is distributed in society from the standpoint of Islamic law. Qualitative
research using a normative juridical perspective is the methodology employed. The
distribution of inherited assets should not be delayed because the negative impact is greater
than the positive impact felt by the community, so it is better for the community to
immediately distribute the inherited assets after the heir dies and the costs of arranging the
body, paying wills, and paying debts have been completed. The Compilation of Islamic Law
(KHI) also specifies what needs to happen when heirs inherit money, as stated in Article 187,
and what needs to happen when one family decides not to share the money, as stated in
Article 188.
Keywords: Postponement, Division, Inheritance
Abstrak
Konflik antar ahli waris dan berkurangnya hak atau bagian yang harus diterima akibat
dikuasainya suatu harta benda oleh salah satu pihak, kondisi ini pada umumnya
diakibatkan oleh tertundanya pembagian warisan. Untuk menghindari hal tersebut, penting
untuk memahami dan menyadari bagaimana pembagian warisan dalam masyarakat dari
sudut pandang hukum Islam dan Peraturan waris di Indonesia. Penelitian kualitatif dengan
perspektif yuridis normatif merupakan metodologi yang digunakan. Pembagian harta
warisan tidak boleh ditunda-tunda karena dampak negatifnya lebih besar dibandingkan
dampak positif yang dirasakan masyarakat, sehingga sebaiknya masyarakat segera
membagikan harta warisan tersebut setelah ahli waris meninggal dunia dan biaya
pengurusan jenazah, pembayaran. wasiat, dan pembayaran hutang telah selesai. Kompilasi
Hukum Islam (KHI) juga mengatur apa yang perlu dilakukan ketika ahli waris mewarisi
uang, sebagaimana tercantum dalam Pasal 187, dan apa yang perlu dilakukan ketika satu
keluarga memutuskan untuk tidak membagi uang tersebut, sebagaimana tercantum dalam
Pasal 188.
Kata Kunci: Penundaan, Pembagian, Warisan
Creative Commons Attribution-Noncommercial 4.0 International
(CC BY-NC 4.0)

233

Implications of Postponing the Distribution of Inheritance...

Introduction
Many people do not immediately distribute the assets inherited from their heirs after
they die. After the costs of arranging the body, they then paid off the debt left by the heir.
Some people postpone the distribution of inheritance for years, and some heirs even die
before the inheritance can be distributed. Then the son of the deceased heir submitted this
case to the Sharia Court so that the distribution of the inheritance could be carried out fairly
and correctly.1 Rahadyan Setiawan's work in his thesis explains that the procedure for
distributing inheritance property in religious courts begins with a decision and
determination of an issue that was previously considered based on the procedural law
applicable in religious courts. Obstacles to the implementation of inheritance arise from not
immediately implementing the judge's decision and obstacles in its implementation, as well
as the type and nature of the object in dispute.2 The problem with implementing Succession
Law Number 7 of 1989 is that there are choices and disputes over property rights, which can
give rise to adjudication disputes between courts.3
The similarity in this article is that the object of the inheritance distribution problem
is the same, while the difference is that the thesis discusses the decision of the Religious
Court, while this article discusses the postponement of inheritance distribution from an
Islamic legal perspective. Endah Mayana's work in her thesis explains that the reason the
heir holds inheritance rights is because the heir considers that the inheritance he left behind
is the inheritance his father received since marrying his mother as the heir's second wife so
that the heir feels more empowered and other relatives, the heir, want to take the inheritance.
The heirs feel that they have made the greatest sacrifice to care for their parents so that they
can enjoy large amounts of wealth.4
The analysis of the Supreme Court decision Number 2I34.K/PDT/1989 in resolving
the case of dividing inheritance among one of the heirs is correct and fulfills the meaning of
justice. The Supreme Court rejected Buyung Musjaya and his friends' cassation petition and
upheld the decision of the Lubuk Pakam District Court, which required that the distribution
be made first between H. Muhammad Djamil and Subangliah and then redistributed to the
other heirs. Apart from that, it turns out there is no evidence of Subangliah's remains.
The similarity is that both are related to the distribution of inheritance, while the
difference is that the thesis explores the decision, whereas this article is only normative about
delaying the distribution of inheritance from the perspective of Islamic law. The writing
analysis model used in this discussion is a qualitative research analysis model, namely, an
approach that is not carried out using statistical formulas and symbols. In the settlement of
inherited assets, there is a sequence of actions that must be followed in the distribution of
inherited assets, namely:
First, even though the Koran does not explain at all about the costs of handling a
corpse, the results of the ijtihad from the Jumhur ulama determine that the costs of handling
a corpse are the first action that must be taken.5 The Ẓahiri group has a different view on this,
arguing that debt payments should come before the agency's operational costs. Their reason
1
2

3

4

5

Sayuti, Interview at the IAIN Langsa Legal Aid and Consultation Institute (LKBH), 2020.
Rahadian Setiawan, “Pelaksanaan Pembagian Warisan Menurut Hukum Islam (Studi Pada
Pengadilan Agama Sleman)” ( Bandung, Program Pascasarjana Universitas Diponegoro, 2003).
Zainal Arifin Haji Munir, “Analysis of Patterns for Inheritance Dispute Settlement in the Tradition
of Sasak Community in Lombok,” Mazahib 20, no. 2 (January 12, 2022): 225–50,
https://doi.org/10.21093/mj.v20i2.3774.
Endah Mayana, “Analisis Yuridis terhadap Pelaksanaan Pembagian Harta Warisan yang Dikuasai
oleh Salah satu Ahli Waris (Studi Kasus Putusan Mahkamah Agung No. 2134/k/PDT/1989)”
(Thesis, Medan, Universitas Sumatera Utara, 2013).
Ibnu Abidin, Hasyiyatu Radd Al-Mukhtar (Egypt: Mustafa al-Baby al-Halaby, 1996).780

234

is that the Zahir verse of the Koran requires debts to be paid off first. Based on this advice,
they are of the opinion that if the debt can offset the inheritance, then the costs of arranging
the body will be borne by the mourners present, including the person who owes it.6
Second, regarding the amount of funeral management costs that should be charged to
the estate, there is no specific indication in the Qur'an or in the Hadith of the Prophet SAW.
However, the principle of living a simple life and not wasting money in Islam can be used as
a basis for funeral funding. The funeral expenses deducted from the inheritance are for the
funeral expenses of the deceased. This opinion prevails among the majority of scholars.7 The
thinking that determines the payment of funeral expenses by a person who is under the
heir's responsibility is based on the consideration that while the person is still alive, he is his
dependent, as well as his responsibility after his death. Payment of Heir's Debt
Third, the debt of a deceased person does not become a burden for the heirs because,
according to the Islamic view, the debt is not inherited. The debt remains the responsibility
of the deceased and is deducted from the inheritance. The obligation of the heir or the person
who is still alive is only to contribute to the repayment of the debt with his inheritance.
Fourth, submitting a will, If after disbursing the funeral expenses and paying the debt,
the inheritance is still there, then the next action is to pay or hand over the will made by the
heir to the rightful party. There is a provision about the will found in the Qur'an, chapter alBaqarah, verse 180.
Qualitative research using a normative juridical8 perspective is the methodology
employed.9 The data source was obtained from the results of a study of religious court
decisions in Langsa City. In addition, this study also uses Islamic legal theory in analyzing
religious court decisions. To strengthen the analysis, this research explores several empirical
studies on cases of inheritance distribution.
Practices for Accelerating Inheritance Distribution
Distribution of Inheritance in a Family Way
Many people choose to share their inheritance according to family principles. Sharing
an inheritance in this way is usually a simpler and quicker process. There are those who
continue to divide their respective rights according to their portion of Islamic heritage, there
are also those who divide them evenly based on mutual agreement. The Langsa City ulama
who were interviewed said that in their village, the distribution of inheritance is more
familial. However, there are also people who involve village officials. If the distribution of
inherited assets involves the participation of village officials, then the distribution of
inherited assets is carried out in accordance with Islamic law. If the distribution of inherited
assets is only related to the family or is of a familial nature, then there is no need to measure
the land and calculate the inherited assets. For example, if an heir leaves 3 children and
inherits assets in the form of land located in 3 places, then no measurements are needed.
Each person inherited a plot of land. However, if the division of inheritance involves the
village government, action must be taken first. Until now, the division of inheritance in his
village has not yet reached the Sharia Court. The distribution of inheritance is completed in
the Village only.10

10

Ibn Hazm, Al-Muhalla (Egypt: Matba’ah al-Jumhuriyah al-Arabiyah, 1970). 254
Khatib Syarbaini, Mughnil Al-Muhtaj, vol. 3 (Mecca: Dar al-Katib al-Arabiy, n.d.).3
Muhazir Muhazir, “Status Hukum Pernikahan Muslim Pasca Perpindahan Keyakinan Perspektif
Hukum Keluarga Islam Di Indonesia,” TAQNIN: Jurnal Syariah Dan Hukum 3, no. 1 (2021): 8.
Zuchri Abdussamad, Metode Penelitian Kualitatif (Makassar: CV. Syakir Media Press, 2021). 23
Ridwan, Ulama Kota Langsa, May 1, 2020.

235

Aminah, Mariadi

6
7
8

9

Implications of Postponing the Distribution of Inheritance...

Distribution of Inheritance through the Sharia Court
According to one employee at the Langsa Syar'iyah Court who was interviewed, he
said that many inheritance cases were registered at the Langsa Syar'iyah Court. These cases
involve determining heirs, joint assets or inheritance problems such as inherited assets,
controlled by one party. Furthermore, it is recommended to look directly at the decisions
regarding the inheritance case on the Syar'iyah Court website.
Table 1. Number of Inheritance Cases at the Langsa Syar'iyah Court11
No.
Number of Cases
Year
Case
1
33
2019
Inheritance
2
34
2020
Heritage
3
63
2021
Heritage
4
57
2022
Heritage
In Islam, there are four justifications for inheritance, among other things: First, valid
marriage. Marriage is a legally binding contract between husband and wife. Because of the
contract, the husband inherits the wife's property, and the wife inherits the husband's
property, even though they have never had sexual intercourse.12 The words of Allah SWT in
Surat An-Nis ā verse 12:

ۡ َ
ُ َ َ ‫َ َ ُ ۡ ۡ ُ َ َ َ َ َ ۡ َ َٰ ُ ُ ۡ َّ ۡ َ ُ َّ ُ َّ َ َ د َ َ َ َ ُ َّ َ َ د‬
ُّ ‫ك ُم‬
ِ ۡۡ ََ ‫ مِن‬ٞۚ‫ٱلربُ ُع م َِّما ت َرۡ َن‬
‫ فإِن َكن لهن ول فل‬ٞۚ ‫۞ولكم ن ِصف ما ترك أزوجكم إِن لم يكن لهن ول‬
َ َ ‫َ َ ٓ َ ۡ َ ۡ َ َ ُ َّ ُّ ُ ُ َّ َ َ ۡ ُ ۡ َّ ۡ َ ُ َّ ُ ۡ َ َ د َ َ َ َ ُ ۡ َ َ د‬
‫ل فل ُه َّن ٱثلُّ ُم ُن م َِّما‬
‫ فإِن َكن لكم و‬ٞۚ ‫وصني بِها أو دي ٖ ٖۚن ولهن ٱلربع مِما ترۡتم إِن لم يكن لكم ول‬
ِ ُ‫ص َّي ٖة ي‬
ِ ‫َو‬
َ ۡ َ ٓ َ َ ُ ُ َّ َ ۡ َ
ۡ
ُۡ َ
‫صيةٖ توصون بِها أو دي ٖن‬
ِ ‫ت َرۡتمٖۚ مِن َۡ ِ و‬

Meaning:" And for you (husbands), half of the wealth left by your wives, if they have no children, if
your wives have children, then you get a quarter of the property they left behind after fulfilling the will
they made or (and) after paying the debt. The wife gets a quarter of the property you leave if you have
no children. If you have children, then the wives get one-eighth of the property you leave behind after
the will you make is fulfilled or (and) after your debts are paid”. (QS An-Nisā : 12).

Second, Lineage or kinship. Lineage or kin relationships consist of aṣhabul furuḍ,13 'aṣ
abah,14 and zawil arham. 15Lineage or kin here is every relationship resulting from birth, which
includes the origin of the person who died, his descendants, as well as his siblings
(biological, father, mother). Allah SWT says:

َ َۡ ۡ
َ ُ َ ۡ َ ۡ َ َ َٰ َ ۡ َ َ َ َّ ‫د‬
َ َ ‫ل‬
ۡ َّ َ
‫ون َول ِلن َسآءِ نَص د‬
َ ِ َٰ ‫يب م َِّما تَ َر َك ۡٱل َو‬
ُ ُ ِۡ‫ان َوٱۡلق َر ُبون م َِّما ق َّ م‬
‫ل‬
‫ان وٱۡلقرب‬
ِ
ِ
ِ
ِ ‫ِلرجا ِل ن ِصيب مِما ترك ٱلو ِل‬
ِ
َ
ُ
ٗ ُ ۡ َّ ٗ َ َ ۡ َ
٧ ‫ ن ِصيبا مفروضا‬ٞۚ ‫أو كث‬

11

12

13

14

15

“Mahkamah Syar’iyah Langsa,” Mahkamah Syar’iyah Langsa (blog), accessed January 17, 2024,
https://ms-langsa.go.id/wp/.
Muhammad Muhyidin Abdul Hamid, Panduan Waris Empat Madzhab (Jakarta: Pustaka Al-Kautsar,
2009).
Aṣhabul Furud: is an heir who has a certain share in the inheritance, namely 1/2, 1/3, 1/4, 1/6, 1/8
or 2/3.
‘Aṣabah : is an heir who does not have a certain share in the inheritance, he takes the remaining
property after the aṣhabul furuḍ takes their share.
Zawil arham : is a relative other than aṣhabul furuḍ and ' aṣabah .

236

It means: "For men, there is a right to a share of the inheritance of their parents and relatives, and for
women, there is a right to a share of the inheritance of their parents and relatives, either a little or a
lot, according to the share that has been set”. (QS An-Nisā : 7)
Third, independence Relations ( al - wala' ). In the language of al-wala' is al-nushrah,
defense, help. In terms it is: a binding relationship between one person and another that
makes it seem as if they are siblings.16 In general, this wala' is a legal relationship ( qarabah
hukmiah ) between a person who frees a slave and the slave he frees. This emancipation
makes the emancipator and his companions able to inherit the property of the slave he freed,
but this slave is not entitled to inherit from his master even if he does not have an heir.
Fourth, Jihatul Islam (Islamic relationship). If a Muslim dies and leaves no heirs at all,
his inheritance will be handed over to Baitul Mal, and will further be used for the benefit of
the Muslims.17
Māni' (Barrier) to Inheritance
Linguistically, māni' means what prevents you from obtaining something.
Meanwhile, in terms of shari'a, māni ' is a nature that is zahir and certain,18 where generally,
with its existence, there are no laws or invalidating causes. So, if there are any of the
following things then the heirs who are related by marriage or kinship (relatives) to the
person who died will lose their right to inherit inheritance. Māni' in inheritance is:19
1. Slave; A slave did not inherit property from his deceased family until he was
free. From Ibn Umar ra, that the Prophet SAW said:

ِِ
ِِ
‫اعُُ إِالَّ أَ ْن‬
َ َ‫اع َعْب ًدا فَ َمالُُُ للَّذ ْي ب‬
َ َ‫ َوَم ْن ب‬. ‫اع‬
ُ َ‫ إِالَّ أَ ْن يَ ْش ََِت َط الْ ُمْبت‬, ‫اع َها‬
َ َ‫اع َنْالً بَ ْع َد أَ ْن يُ َؤبََّر فَثَ ْمَرتُ َها للَّذ ْي ب‬
َ َ‫َم ْن ب‬
ُ‫يَ ْش َِت َط الْ ُمْبتَاع‬
It means:
" Whoever sells a date palm tree after it has been pollinated, the fruit goes to the seller,
unless there are conditions from the buyer. And whoever sells a slave, the slave's property
becomes the property of the seller, unless there are conditions from the buyer . (HR Ibn
Majah).
2.

16

17
18

19

237

There are Different religions between heirs and muwaris (heirs). If someone dies
and the heirs have a different religion, then the heirs have no right to the
inheritance of their deceased family. Likewise, on the contrary, Muslims have no
right to inherit property from their infidel families. In a hadi ṡ narrated by
Usamah bin Zaid bin Haris ah Rasulullah SAW said:

Muhammad Suhaili Sufyan, Fiqh Mawaris Praktis: Perbandingan Empat Mazhab Dan Kompilasi Hukum
Islam Indonesia (Citapustaka Media Perintis, 2012).
Suhrawardi K. Lubis and Komis Simanjuntak, Hukum Waris Islam (Jakarta: Sinar Grafika, 2013).
Indah Sari, “Pembagian Hak Waris Kepada Ahli Waris AB Intestato dan Testamentair Menurut
Hukum Perdata Barat (BW),” JURNAL ILMIAH HUKUM DIRGANTARA 5, no. 1 (May 21, 2018): 1–
20, https://doi.org/10.35968/jh.v5i1.99.
Agus Wantaka, Abdul Rosyid, and Eka Sakti Habibullah, “Pembagian Warisan Dalam Perspektif
Hukum Islam Dan Hukum Adat Jawa (Studi Komparasi),” Prosa AS : Prosiding Al Hidayah Ahwal
Asy-Syakhshiyyah 1, no. 1 (December 22, 2018): 13–33.
Aminah, Mariadi

Implications of Postponing the Distribution of Inheritance...

. ‫كافِر الْمسلِم‬
َ ‫َال ي ِرث الْمسلِم الْ َكافِر وَال ال‬

20

3.

4.

ُ ُْ ُ

َُ

ُ ُْ ُ َ

It means:
"Muslims do not inherit unbelievers, and non-believers do not inherit Muslims ."
Apostate; People who leave Islam do not have the right to inherit property from
their families who remain Muslim. Likewise, if he dies of apostasy, his family
will not inherit the property he left behind.
Murder; the person who killed his family is prevented from getting the
inheritance of the person he killed. In a hadith from 'Amru bin Syu'aib from his
father, from his grandfather, from Rasulullah SAW:
It means:
“The person who kills inherits nothing from the person he killed.”

‫ث اْل َقاتِ ُل َشْيئًا‬
ُ ‫الَ يَِر‬

5.

The time of death between the two is unknown. If two or more people who have
a lineage (family) relationship or marriage die in an accident or disaster and so
on, then they do not inherit from each other, because it is not known who died
first, so it is considered that they died at the same time.21
A condition is something whose absence requires the absence of law. To obtain
inheritance rights, there are three conditions that must be met; first the death of the heir,
second the life of the heir, and third there is no obstacle to get the inheritance.22
1. Death of Heir. The death of the heir is the main requirement in discussing the
science of inheritance, because with the death of the heir, ownership of the assets
has been transferred to the heirs.23 The death of the muwaris (heir) absolutely must
be fulfilled. A person is called muwaris if he has died. That means that, if a person
gives property to his heirs while he is still alive, it is not an inheritance.24
2. The life of the heir. The heir is still alive when the muwaris dies even if only for a
moment, whether the heir's life is a real life or is considered to be alive like a fetus
in its mother's womb.
3. There is no mā ni ' (barrier to obtaining an inheritance) or any known relationship
with the heir, whether by lineage (relatives), marriage, or both, 25or by freeing
slaves.26

20

21

22

23

24

25

26

Al-Bukhari, Ṣaḥiḥ..., jilid IV, hadis no 6383, 2484; Muslim, Ṣaḥiḥ..., jilid III, hadis no 1614, 1233; Abu
Daud, Sunan..., jilid III, hadis no 2909, 125.
Maryati Bachtiar, “Hukum Waris Islam Dipandang Dari Perspektif Hukum Berkeadilan Gender,”
Jurnal Ilmu Hukum 3, no. 1 (March 8, 2013): 1–45, https://doi.org/10.30652/jih.v3i01.1026.
Habib Ismail and Agus Hermanto, “Analisis Hak Waris Istri Akibat Murtad Perspektif Hukum
Waris Islam Dan Gender,” At-Tahdzib: Jurnal Studi Islam Dan Muamalah 8, no. 1 (October 3, 2020):
121–43.
Rahmat Haniru, “Hukum Waris Di Indonesia Perspektif Hukum Islam Dan Hukum Adat,” ALHUKAMA: The Indonesian Journal of Islamic Family Law 4, no. 2 (2014): 456–74,
https://doi.org/10.15642/al-hukama.2014.4.2.456-474.
Elviana Sagala, “Hak Mewaris Menurut Ketentuan Hukum Waris Perdata,” JURNAL ILMIAH
ADVOKASI 6, no. 2 (September 15, 2018): 116–24, https://doi.org/10.36987/jiad.v6i2.254.
For example, a woman marries her father's nephew (uncle), then the man is connected to the wife
with two relationships; as her husband and as her uncle's son.
Sufyan, Fiqh Mawaris Praktis: Perbandingan Empat Mazhab Dan Kompilasi Hukum Islam Indonesia.

238

Implementation of Inheritance Distribution
After the obligations regarding the assets left behind have been carried out as
explained previously and it turns out that there are still assets remaining, the remaining
assets become the full rights of the heirs. Before directly distributing inherited assets to heirs,
there is still a voluntary action on the part of the party who owns the assets in full, namely
making modest donations to parties who have no right to the assets by inheritance.27
After facing a pile of assets that will be distributed to the heirs, both physically and
calculatedly, the next steps are as follows:28 First, Detailing valuable assets and calculating
them in the form of numbers that can be divided. The whole is estimated in the form of
money and figures, both movable and immovable, whether the assets are large or small;
Second, Exactly trace the people who are related and married to the testator, whether present
or not, and examine the following matters: a. Ensure his relationship with the heir by using
all possible means. Like whether he was born to that mother or not; b. Certainty of the
conditions determined are: whether at the time of the testator's death he was alive or not; c.
Ensure that there are no obstacles such as the same religion between the heir and heirs; and
that his death was not caused by the heir; d. The distance between her kinship and the heir to
find out whether she is veiled in a hirman hijab by the heir who is with her; e. Sorting out the
members of the people who are definitely entitled to receive the inheritance of the specified
share or żauk furuḍ or heirs whose share is still open, aka aṣabah or simply żaul arham .
Heirs Who Have the Right to Receive Inherited Assets. There are twenty-five (25)
people entitled to inherit, fifteen (15) from the male side, and ten (10) from the female side.
The male heirs are:
a. Son
b. Male grandson/descendant of a male child and directly down as long as the
relationship is still male
c. Father
d. Paternal grandfather and upwards
e. Biological brother
f. Half brother
g. Half brother
h. The son of a biological brother
i. The son of a half-brother
j. Father's brother (uncle) who is the same mother as the father
k. Father's brother (uncle) who is the same father
l. The son of the father's brother (uncle) who is the same mother as the father
m. The son of the father's brother (uncle) who is the same as the father
n. Husband, and
o. Mu'tiq (the man who set him free).29
The heirs from the female side are:
a. Daughter
b. Daughters of sons (grandsons) and further down as long as their relationship with
the deceased is still male
c. Mother

29

Cindy Aoslavia, “Perbandingan Hukum Waris Adat Minangkabau Sumatera Barat Dan Hukum
Perdata Barat,” Mizan: Jurnal Ilmu Hukum 10, no. 1 (June 3, 2021): 54–63,
https://doi.org/10.32503/mizan.v10i1.1545.
Adelina Nasution, “Pluralisme Hukum Waris Di Indonesia,” Al-Qadha : Jurnal Hukum Islam Dan
Perundang-Undangan 5, no. 1 (2018): 20–30, https://doi.org/10.32505/qadha.v5i1.957.
T. Mahmud Ahmad, Ilmu Praktis Faraidh, (Banda Aceh: Pena Foundation, 2012), 4.

239

Aminah, Mariadi

27

28

Implications of Postponing the Distribution of Inheritance...

d. Paternal grandmother
e. Grandmother from the mother's side and directly above the mother's side before
the male interludes
f. Full sister
g. Half sister
h. Mother's sister
i. Wife; and
j. Mu'tiqah (the woman who set him free).30
If all the male heirs are collected, then only the son, father, and husband are entitled
to the inheritance. If there are all female heirs, then only daughters, granddaughters of sons,
mothers, wives, and biological sisters are entitled to inheritance. If there are all male and
female heirs entitled to inheritance only sons, daughters, mothers, fathers, and husbands or
wives.
1. Provisions of the Heirs' Section
There are six stipulations for the share of heirs in the Qur'an, namely: 1/2, 1/3, 1/4, 1/6,
1/8, and 2/3.31
a. The heirs who get 1/2 share are:
1) Husband, when there are no children to inherit. This means when there are no
sons, daughters, sons of sons, daughters of sons;
2) A biological daughter, if she is alone, is not with an heir who is equal to her, and
has no ashabah like a son;
3) A granddaughter from a son, if the deceased does not leave behind a biological
daughter, or a grandson from a son of the same rank;
4) A biological sister, if there is no biological brother, biological daughter, or
biological granddaughter of a son;
5) A father's sister, if there are no biological sisters, or father's brothers, or daughters,
or granddaughters of sons.32
b. The heirs entitled to 2/3 of the property are:
1) Two or more biological daughters, and no biological sons;
2) Two or more biological granddaughters, if there are no biological brothers, or
daughters, or granddaughters of sons;
3) Two or more biological sisters, if there are no biological brothers, daughters, or
granddaughters of sons;
4) Two or more half-sisters, if there are no half-brothers, biological sisters, daughters,
or granddaughters of sons.33
c. The heirs entitled to 1/4 of the inheritance are:
1) Husband, with the existence of a descendant who inherits;
2) One or more wives, without heirs.34
d. The heirs who get 1/8 of the inheritance are: Wife, if the husband leaves a child or
children from sons, both male and female.35
e. The heirs who get 1/3 of the estate are:
1) Mother, when there is no child heir and a number of brothers;
30
31
32
33
34
35

Syarbaini, Mughnil Al-Muhtaj.
Abidin, Hasyiyatu Radd Al-Mukhtar.
Syarbaini, Mughnil Al-Muhtaj.
Sufyan, Fiqh Mawaris Praktis: Perbandingan Empat Mazhab Dan Kompilasi Hukum Islam Indonesia.
Sufyan.
Sufyan.

240

2) There are a number of brothers and a number of sisters on the mother's side when
there is no male heir or father.36
f. The heirs who get 1/6 of the inheritance are:
1) Father, if the deceased had children, or children from sons;
2) Grandfather on the father's side, if there is no father, and the deceased has
children, or children from sons;
3) Mother, if the deceased had a child, or a child from a son, or two or more brothers
or sisters, either biological, half-brother, or half-mother;
4) The daughter of a son (grandson), either one or more, if the deceased had a
daughter, and there are no sons of the son (grandson) who are of the same level
with him;
5) Father's sister, one or more, when there is one biological sister, and no father's
brother's sister, or son's daughter (grandchild);
6) One brother or sister who is the same mother only;
7) Grandmothers, both maternal and paternal, one or more, when the mother is not
present.37
'Aṣabah and its Levels
Linguistically, ' aṣabah comes from the word ' ‘aṣaba-ya’ṣubu-ta’ṣīeban, the plural is
aṣabāt , meaning male descendants and relatives from his father's line.38 ‘Aṣabah are the heirs
who do not have a specific share in the inheritance. They take all the property if there is no a
ṣ habul furuḍ , if there is aṣhabul furuḍ they take the remainder after the aṣhabul furuḍ take their
share, and if aṣhabul furuḍ spends all the property then 'aṣabah does not get anything
'Aṣabah consists of three types:
First, 'Aṣabah bin nafsi ; namely, male relatives whose lineages are directly connected
to the heir (without intermediaries) such as sons and fathers, or whose lineages are
connected to the heirs through men and women, such as biological brothers, or only through
men, such as grandsons. -son's son, father's grandfather, father's brother, and so on. The
levels of 'aṣabah bin nafsi are:
1) Sons and their male descendants;
2) Father; namely the biological father of the deceased person;
3) Paternal grandfather and siblings or father's relatives;
4) The son of a biological brother or the son of a father's brother all the way down;
5) Uncle; namely the father's brother (uncle) who is the same mother as the father
(biological), the father's brother (uncle) who is only the same father, the son of
the father's brother who is the same mother as the father (biological uncle's son),
namely the son of the father's brother (uncle's son) who is only the same
father.39
If there are several 'aṣabah bin nafsi from different sides , then the side of albunuwwah is
preferred over the side of al ubuwwah , and so on. If there are several 'a ṣ abah bin nafsi from
the same jihah , then the one who is closer in degree to the person who died comes first. If
there are several 'a ṣ abah bin nafsi from the same jihah and closeness of the same degree, then
the one with the strongest kinship is given priority.
Second, 'aṣabah bil ghair , that is, every female heir who has a certain share in the
inheritance is shared even by the male heir of ashabah bin nafsi who is equal to her. They
36
37
38
39

241

Sufyan.
Sufyan.
Sufyan.
Sufyan.
Aminah, Mariadi

Implications of Postponing the Distribution of Inheritance...

together become 'aṣabah , the man's share is twice the woman's share. 'aṣabah bil ghair is
limited only to:40
1) Biological daughter, if there is a biological son;
2) Daughter of a son (grandchild), if there is a grandson of a son, so on down;
3) Biological sisters, if there are biological brothers;
4) Father's sister, if there is a father's brother.
Third, 'aṣabah ma'al ghair , namely women who have a certain share in the inheritance,
but because there is ṣahibatul far ḍ others cause them to become 'ashabah that they do not
participate in the association in the part of ' ashabah . 'Aṣabah ma'al ghair is limited only to
biological sisters and father's sisters . They become 'aṣabah ma'al ghair if the deceased had a
daughter, or a granddaughter from a son.41
Hijab in Inheritance Law
Etymologically, hijab means to prohibit entry or prevent it from becoming inherited
property; hijab means to prevent; and hajaba ash syai-a means to cover. Meanwhile, hijab in
Sharia terminology means holding someone back from inheriting because there are other
heirs who are more entitled than them, either in whole or in part.42
Hijab is different from mani’. Mani’ is the obstruction of a person from obtaining
inheritance due to a mawani' (barrier to obtaining inheritance) such as committing the crime
of murder, different religions between the heir and the muwaris , and so on. So if a child has a
different religion from his father then the child has no right to the inheritance left by his
father. And the child cannot wear the hijab on other people, but their existence is considered
non-existent. If a person dies with heirs consisting of his wife, sons of different religions, and
biological brothers. In this case, sons are not entitled to inheritance because of a mani’ ,
namely a different religion, the wife gets 1/4 of the inheritance because her husband who
died is considered childless, and biological brothers get the rest. wife's share as 'aṣabah.
Meanwhile, hijab means preventing someone from obtaining inheritance, but not
because of the existence of a mani’ from them, but because there are other heirs who are
closer in lineage or have a stronger kinship with the person who died. A person who wears a
hijab can also hijab other people, their existence is still taken into account even though they
do not receive a share of the inheritance. If someone dies with heirs consisting of mother,
father and two biological brothers, then the mother gets 1/6 of the inheritance because of the
presence of two siblings even though the two siblings do not get a share because they are
hijab hirman by father.
Hijab is divided into two categories: hijab nuqshan and hijab hirman: First, hijab nuqṣan
is the reduction of the heir's far ḍ from a large part to a smaller part due to the presence of
other heirs, such as a husband whose rights are reduced from 1/2 to 1/4 due to the presence
of children. Hijab nuqṣan occurs in five aṣhabul furuḍ, which get two parts for each; both those
of a higher degree, and those of a lower degree. They are is husband, wife, mother, son's
granddaughter, father's sister; 43 Second, hijab hirman is the obstruction of an heir from
obtaining absolute inheritance. There are two groups of heirs in the hirman hijab . First, heirs
who have never been hindered by the hirman hijab. There are 6 heirs, namely; father, mother,
husband, boy, girl, wife. 44
40
41
42
43
44

Sufyan.
Wahbah Az- Zuhaili, Fiqh Al-Islami Wa Adillatuhu (Beirut: Dar al-fikr, 1989).420
Zuhaili.420
Zuhaili.
Sofyan Mei Utama, “Kedudukan Ahli Waris Pengganti dan Prinsip Keadilan Dalam Hukum Waris
Jurnal
Wawasan
Yuridika
Islam,”
34,
no.
1
(December
15,
2016):
68–86,
https://doi.org/10.25072/jwy.v34i1.109.

242

Reasons for Postponing the Distribution of Inheritance
Reasons for Postponing the Distribution of Inheritance, namely because there is an
agreement between the heirs, one of the heirs is still small or has not yet received the time to
receive the inheritance, because some parties are greedy for the inheritance, so the
distribution of the inheritance is postponed, there are also most people who consider
discussing inheritance issues. after the heir dies is taboo .
The Langsa City Ulema Consultative Council, who was interviewed, explained that
postponing the distribution of inheritance is a sin because, according to Islam, after a family
member dies, the inheritance must be distributed immediately. Ridwan said that in his
village, the distribution of inheritance is more of a family nature. However, there are also
people who ask for help from village officials. If the distribution of inherited assets involves
the participation of village officials, then the distribution of inherited assets is carried out in
accordance with Islamic law. In the event that the distribution of inherited assets is only
related to the family or is essentially a family principle, there is no need to measure and
calculate the inherited assets.
Murdani said that, for those who postpone inheritance distribution, there are two
aspects that need special attention, namely positive and negative. The positive side of this
delay is that if the distribution of inheritance is carried out quickly, it will give the
impression that death is worth waiting for, because it has become a habit in society not to
rush in the distribution of inheritance. In religion, it is recommended to do something that
does not cause suuddhan for other Muslims, there is no obligation to hasten the distribution
of inheritance, because it is not part of the tajhiz mayyit, whether it is divided or not, the
inheritance is indeed the joint property ( syirkah syuyu' ) of all the heirs. . Due to the nature of
syirkah, one of the heirs who wants to take advantage of the warasah (inherited property)
needs to determine their respective rights in accordance with religious guidance. This
determination (division/ taqsim ) is needed if the heirs really want to make use of it, such as
for selling, renting, etc. -Otherwise, as long as the heirs do not want to use it, there is no
urgent reason to rush it.45
Bustami then said that the essence of inheritance should not be postponed. He said
that delaying the distribution of inheritance was a mistake. So, when the heir dies, the assets
must be immediately distributed according to their respective rights. If the inheritance is not
immediately divided, other consequences will arise in the future, for example, if the heir dies
and leaves behind children. The heirs leave a business that has been managed together and
has not been divided. In the end, problems will arise, such as the death of one of the heirs.
So, in his opinion, the inheritance must be distributed immediately, because if it is not
resolved, then the inheritance will be mixed up. So there are many reasons why the
distribution of inheritance is postponed, it's not just the community that's at fault, but also
the lack of supportive education.46
Journal This Also find verses Which explain about provisions Which must done If
death happens death give treasure inheritance to expert inheritance. Which right after
implementation will expert inheritance and payment paid off debts expert inheritance. Allah
SWT has mentioned this action in Surah An-Nisa'ayat 11 and 12. In these two verses, Allah
states that the inheritance, according to its parts will be settled after completing the will and
after the heir's debts have been paid. This provision is mentioned once in paragraph 11 and
three times in paragraph 12.

46

Murdani, Leader of Dayah Futuhul Mu’arif Al Aziziyyah Langsa City, April 21, 2020.
Bustami A Latief, Chairman of the Langsa City Muhammadiyah Regional Leadership, April 21,
2020.

243

Aminah, Mariadi

45

Implications of Postponing the Distribution of Inheritance...

Based on this provision, it can be said that it is better not to postpone the distribution
of inheritance assets because the negative impact is greater than the positive impact felt by
the community, so it is better for the community to immediately proceed with the
distribution of assets. It is better for the community to immediately distribute inheritance
assets when the heir has died and the costs of handling the body have been completed.
settlement of wills and settlement of debts. The Compilation of Islamic Law (KHI) also
regulates things that must be done with the heir's inheritance as written in articles 187 and
article 188
The things listed in the Compilation of Islamic Law (WHI) should be better
understood by the public so that they are more aware of the distribution of inheritance and
its implementation after the death of the heir, so as not to cause negative impacts. However,
if seen from the benefit perspective, postponing the distribution of inheritance can apply to
several certain cases that occur in society, for example delays in the distribution of
inheritance to orphans who are underage and children who are still in the womb. Regarding
inheritance to orphans, as stated in Surah An-Nis ā verse 2, if the heirs are orphans who are
not yet old enough, then the inheritance distribution can be postponed until the orphans are
adults and can manage their own inheritance. However, if the other heirs still want to
distribute the inheritance, to avoid disputes, the distribution of the inheritance can be carried
out, and a portion of the inheritance of immature orphans can be looked after by their
guardians.
The second case is inheritance for the baby in the womb. The distribution of
inheritance to a baby in the mother's womb whose gender is not yet known leads, this article
to conclude that the child in the womb is the heir, and the way to distribute inheritance is by
postponing the distribution of inheritance until the child is born. However, if there is a
dispute and other heirs want to immediately distribute the inheritance, then the inheritance
can be distributed to other heirs by assuming the largest possible amount received by the
child in the womb.
Conclusion
Reasons for Postponing the Distribution of Inheritance, namely because there is an
agreement between the heirs, one of the heirs is still small or has not yet received the time to
receive the inheritance, because some parties are greedy for the inheritance, so the
distribution of the inheritance is postponed, and there are also most people who consider
discussing inheritance issues. After the heir dies, it is taboo. The essence of inheritance
should not be postponed; delaying the distribution of inheritance is a mistake. So, when the
heir dies, the assets must be immediately distributed according to their respective rights.
Regarding inheritance to orphans, as stated in Surah An-Nis, verse 2, if the heirs are orphans
who are not yet old enough, then the inheritance distribution can be postponed until the
orphans are adults and can manage their own inheritance. The distribution of inheritance to
a baby in the mother's womb whose gender is not yet known leads this article to conclude
that the child in the womb is the heir, and the way to distribute inheritance is by postponing
the distribution of inheritance until the child is born. However, if there is a dispute and other
heirs want to immediately distribute the inheritance, then the inheritance can be distributed
to other heirs by assuming the largest possible amount received by the child in the womb.
The author's advice to families as heirs to inherited assets is to carry out the distribution of
inherited assets and not postpone the distribution unless there are benefits that the author
stated above. Because the implementation is legally obligatory based on the principle of
inheritance, namely ijbar, it is feared that we will consume other people's property or abuse
it, which will cause problems in the future.

244

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