considered neglected or not, it will be decided by the magistrate. The heritage hall are required to make notes about the state of the inheritance. If necessary can be
preceded by the confiscation of goods, and so clear that heritage. The collect accounts receivable, accounts receivable and pay the debts of the
dead. About the acts that, if desired by the authorities, then the heritage hall must give account. The heritage hall are also required to call the fellow that may exist
with public calls contained in the letters and other appropriate means. If after the lapse of three years starting from the opening of
inheritance has not been there an heir who come forward or report, the heritage hall will make the accountability of the maintenance of the heritage to the country,
who will be entitled to take possession of all goods and property inheritance legacy that will become state property.
3.2 The Heritage In islamic Law
Islamic Sharia inheritance rules specify the form of a very orderly and fair. In it established the right of property ownership for every man, both men
and women in a way that is legal. Islamic Law also establishes the right of transfer of ownership of a person after death to the heirs of all the relatives and families,
without distinguishing between male and female, big or small. The Quran describes and specifies in detail the laws relating to inheritance rights
without prejudice to the right one. Part to be received entirely be explained according to the position of heir to the family, whether he was a child, father,
wife, husband, grandfather, mother, uncle, grandson, or even only a half blood. Therefore, the Quran is the main reference of law and the determination of the
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division of inheritance, whereas the provisions on inheritance taken from the hadith Rasullah saw and the consensus of the scholars are very few. It could be
argued that in Islamic syariat law and very few verses in the Quran that details of a law in detail and detail, unless the law of this inheritance. This caused such
inheritance is a form of ownership is legal and justified Allah SWT. In addition to that property enforcement is a milestone of life both for individuals and
community groups. Islamic inheritance law is basically sourced to several verses of the
Quran as the word of God which is derived great prophet Muhammad apostles of Allah and Hadith which consists of words, deeds and things that silenced apostles.
Either in Al-Quran and the hadiths apostle inheritance legal basis exists which clearly set, and there is implicitly, sometimes even contain only the basics course,
the most common basis or source of the inheritance law in the letter An-Nissa; on the other side of sura-sura as a helper. As mentioned in surah an-Nissa: 5 reads,
“and do not give your treasure to the people who are not perfect minds wealth which God created you as a maintainer. But give them something to eat and
clothing to him. And said into them with good words .” That what is meant by the estate or inheritance is the property of
someone who died, can be: 1.
Property that can be assessed by including in it the money that would be billed receivables activa.
2. Property which is the debt to be paid on death passiva.
3. Property that is still mixed with innate property of each husband and wife,
community property and so on which can also be:
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a. Innate property of husband and wife or a wife or husband are obtained
or assessed before they are married either come from their own business, or property acquired as a legacy of their own.
b. Innate property acquired or owned after they married and became
husband and wife, but not because of his efforts, for example due to receive a grant inheritance from their parents giving each and etc.
c. Property acquired during the marriage or their business husband and
wife or one of them by law to be community property. 4.
Innate property that could not be owned directly by their husband and wife such as inheritance of the tribe or their relatives are taken as the first
capital in a marriage that must return to the origin or tribe. Inheritance or legacy so it is a treasure which is the inheritance that
can be shared individually to heirs inheritance is a whole after less the innate property husband and wife, innate property of the tribe, reduced again with the
debts of the deceased. Understanding heritage known among the fuqaha is heir of all
things left behind, either in the form of property money or other. So, in principle, all that was left by the deceased expressed as a heritage. This includes
the related debts, whether it is doubtful debts relating to the subject property such as lien status of the property, or doubtful debts relating to personal obligations
that must be fulfilled credit or dowry payments that have not been given to his wife.
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In the heritage by the Fuqaha is: 1.
All purposes and financing the funeral heir should use his property, with a note should not be excessive. The cemetery purposes embraces everything
that is needed deceased, since his death until his funeral. Among other things, the cost of bathing, the purchase of the shroud, funeral expenses,
and so on until the deceased arrived at the final resting place.
2. Let the debts are still borne by the heir to fulfilled first. That is, the heir
inheritance shall not be distributed to heirs before the debt claims are fulfilled first. This is based on the words of the Prophet :
The soul spirit of the believers depend on its debt until fulfilled. The purpose of this hadith is doubtful debts concerned with our fellow
human beings. As if the debt is related to Allah SWT, like not paying zakat, or has not performed the vow, or a fine not met, then among
scholars there is little difference of opinion. According Mazhab Hanafi that the heirs are not required to fulfilled.
3. Obligation heirs will fulfill all over does not exceed the amount a third of
all his assets. This is if it will, it is for people who are not heirs, and no protest from any one or even all heirs. The implementation of the heirs
will be done after some of the treasure was taken to pay for funeral purposes,
including taken
to pay
debts. If it will exceed one third of the total the heir left behind property, then his
will is not obligatory fulfilled except by agreement of all heirs.
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Between the heirs and the other one turned out to have different degrees and sequences. The following will be mentioned in the order and degree:
1. Ashhabul furudh. This is the first class were given the inheritance. They
are the ones who have determined its share of the Quran, the Sunnah. 2.
Ashabat nasabiyah. After ashhabul furudh, then ashabat nasabiyah receive a share. Ashabat nasabiyah which is any remaining relatives of the heir
who receives inherited property that has been distributed. In fact, if there were no other heirs, he is entitled to take the entire inheritance. For
example, a boy the heir, grandson of the boy the heir, the heirs siblings, biological uncle, and so on.
3. Additions to ashhabul furudh appropriate section except husband and
wife. If the estate has been distributed to all heirs still remains, it should be given to each ashhabul furudh according to with sections that have been
determined. The husband or wife is not entitled to receive an additional part of the remaining estate. For inheritance rights for the husband or wife
because of the marriage bond, while the main family because relatives more than others to get additional.
4. Bequeath to family. What is meant here is family the heir who still have
links womb - not including ashhabul furudh also residuary heir. For example, an uncle mothers brother, aunt mothers brother, aunt her
father, grandson of a daughter, and granddaughter of girls. So, if the the heir do not have family as ashhabul furudh, nor residuary heir, the family
who still have the womb ties with him eligible for an inheritance.
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5. Additional inheritance rights for the husband or wife. If a testator has no
heirs, including ashhabul furudh and asabah, There is also no family who have ties womb, then the estate is entirely for the husband or wife. For
example, a husband dies without having family who are entitled to inherit, then the wife get one-fourth part of the estate left behind, while the rest is
in addition to the right of heirs. Thus, the wife has all her husbands inheritance. Likewise husband against wife inheritance of the deceased.
6. People who were given more than a third testament the heir property.
What is meant here is someone else, meaning not one and heir. For example, someone dies and has ten children. Before he died he first gave
testament to all or part of their children in order to give some property to someone who is not one of his heirs. Even the Hanafi and Hanbali schools
of thought can give the entire estate if the heir is his will that way. 7.
State treasury. If a person who died did not have heirs or family as described then the entire assets were handed over to the state.
These are the parts of the class of heirs male: 1 boys, 2 grandson the son, 3 father, 4 grandfather father side, 5 male siblings, 6 half-brother, 7 sons of
my mothers brother, 8 sons of male siblings, 9 boys of the sons of my mothers brother, 10 uncle siblings father, 11 uncle father half-brother, 12 boys
from uncle fathers siblings, 13 boys half-uncle, 14 husband, 15 male emancipate slaves.
And these are parts of the class of heirs female: 1 girls, 2 mother, 3 girls
from descendants of boys, 4 grandmother mothers mother, 5 grandmother
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mother of father, 6 siblings women, 7 half-sister, 8 sons of my mothers sister, 9 wife, 10 of women who emancipate slaves.
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4. THE HERITAGE IN MINANG PARIAMAN
