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hall is also required to call the fellow that may exist with public calls contained in the letters and other appropriate means.
If after the lase 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 taht will
become state property.
4.3 The Legacy in Islamic Law
The source of Islamic inheritance law is basically based on the several verses of the Al-Qur’an as the word of God which is derived great prophet Muhammad
apostles of Allah, hadiths which consist of the words, deeds and things that silenced apostles, the Legislations, the compilation of Islamic law, the opinions of
the companions of the Apostle of Allah and the opinion of experts Islamic law. Either in Al-Qur’an 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 Surah An-Nissa, on the
other side of Surah-surah 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.”
The rules of Islamic Shari’s legacy 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
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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 Qur’an
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.
In the implementation of Islamic inheritance law, there are three terms in it, namely : the certainty of death person who has the wealth, the life assurance of the
heir when the heirs dead, and knowing the status of each heir. The legacy is the innate or joint property after the testator used it for ill until death, the cost of
obtaining the corpse, the payment of debts and testamentary of inheritance. The meaning of legacy was mentioned in the Qur’an at Surah An-Nisaa verse 7 with
the term of Tarakah or the property that will be left and moved to people who deserve it heir.
Therefore, the Qur’an is the main reference of law and the determination of the division of inheritance, whereas the provisions on inheritance taken from the
hadith Rasulullah SAW and the consesnsus of th scholars are very few. It could be argued that in Islamic syariat law and very few verses in the Qur’an, 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. According to Islamic inheritance law, there are several things that cause the
legacy, namely :
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1 Relatives and lineage relationships, suh as : father, mother, children,
grandchildren, siblings, paternal, maternal, so on. 2
Matirnal relationships, namely the husband or wife, although it has been gathered, or been divorced, but it is still in the period of ‘Iddah Talak Raj’i.
3 Walak relationships, that is a relationship between the former slave and the
people who gave himher the freedoom when the former slave does not has the heirs who are entitled to spend the entire estate.
4 The purpose of Islam Jihatul Islam, that is the Baitul Mal state treasury
that holds the estate who is not leaving any heirs at all the reasons mentioned above.
The terms of legacy in Islamic inheritance law , are : 1
The heir really dead, or by the judge’s desicion that was pronounced dead. 2
The heirs really are still alive when the testator died, or by the judge’s decision declared that is still alive at the time heir dies.
3 Really known that there is a cause of heritage to the heirs, or can be known
that the respective heirs entitled to the inheritance. That what is meant by the estate or inheritance is the property of someone who
died, can be: • Property that can be assassed by including in it the money that would be
billed receivables activa. • Property which is the debt to be paid on death passiva.
• 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 The 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 The 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 The property acquired during the marriage or their business husband and
wife or one of them by law to be community property. • The innate property during the marriage or their business husband and wife or
one of them by law to be community property. 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 line 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. 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 deceaded 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.
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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 debts 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.
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 heir’s will be done
after some of 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.
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 Ashabul Furudh. This is the first class were given the inheritance. They are
the ones who have determined its share of the Qur’an, the Sunnah. 2
Ashabat Nasabiyah. After ashhabul furudh, then ashabat nassabiyah 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.
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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.
4 Bequeath to family. What is meant here is family the heir who still have links
womb – not including ashhabul furudh also ‘residuary heir. 5
Additional inheritance rights for the husband for the husband or wife. If a testator has no heirs, including furudh and ‘asabah. There is also no family
who have ties womb, then the estate is entirely for the husband or wife. 6
People who were given more than a third testament the heir property. What is meant here is someone else, meaning not one of his heirs.
7 State treasury, If a person who died did not have heirs or family as described
then the entire assets were handed over to heshe state. These are the parts of the class of heirs male : 1 boy, 2 grandson the son,
3 father, 4 grandfather father side, 5 male siblings, 6 half-brother, 7 sons of my mother’s brother, 8 sons of male siblings, 9 boys of the sons of my
mother’s brother, 10 uncle sibling father, 11 uncle father half-brother, 12 boys from uncle father’s siblings, 13 boy’s 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 mother’s mother, 5 grandmother mother of father, 6 siblings women, 7 half-sister, 8 sons of my mother’s
sister, 9 wife, 10 women who emancipate slaves.
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The Division of legacy according to the Islamic law If dead, someone immediately detached relationship with the assets it
owned. Hisher legacy is directly transferred to another person who has the right to inheritance, except in regard to the cost of providing the corpse. As already
mentioned above, the right which concern a persons legacy, is the right of the creditor and the person or entity who receives a will.
Thus, in essence Islam that prioritizes the rights encashment be done, do not delay, because it involves the right of human beings. Delay in encashment
fellow human rights often result in the deprivation of rights, including the rights of the heirs to the estate. Especially if among the heirs, there are categorized as a
orphan. Strictly speaking, accelerate the division of inheritance is better than
procrastinating. Because after the heir died, concerning burial rights, debt repayment and the implementation of will is completed, will be controlled by the
heirs and to be right the heir provisions which set out in the Quran and Sunnah of the Apostle of Allah.
On the position of boys and girls in Islamic inheritance law is as absolute as the heir because the children who become a parents connector to establish the
offspring. In order to set out some absolute heir, Islam distinguishes the male heir and female heirs, in line with its obligations under the burden of family life under
the provisions of Islamic law. The boys who are burdened with the obligation of material larger than girls. where the part of boys are doubled parts than girls
Surat an-Nisaa 4: 11.
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5 THE LEGACY IN MINANGKABAU SOCIETY
The Inheritance law in Minangkabau custom is the actual problem endlessly discussed and questioned. As we know in Minangkabau since the last time until
now, prevailing system of descent from tthe mother matrilineal, that is they are derived from a single mother from the maternal line that is calculated according to
the brothers and sisters, mothers and siblings, both male and women, fathers and his brethen, both men and women.
By itself, the children can only be an heir of hisher mother, both for high and low legacy. If the deceased is a man, so the children and his widow is not an heir
in the high legacy, but the heir is all of his nephew. In Indonesia, there are still diverse system of legacy laws that apply to nationals of Indonesia, that is :
1 Civil law system of inheritance west Europe.
2 System of customary inheritance laws a diverse system that is influenced by
ethnic forms in various evironmental areas of traditional law. 3
Islamic inheritance law system. Regarding the legacy according of custom is just for be controlled, it is not
like legacy that is prescribed by Islam. the legacy according to the Islamic religion, has the certain parts such as inherit half, one third, one fourth, and so on.
And parts that can be controlled by own his rights, may be sold, assigned, and so forth can not be blocked by the other person. If customary law is still attached to
the Minang people, then as his heir is according to the lineage of women, daughter - mother - grandmother and so on. Minangkabau society stated that the heirs are
the parents, husband, wife, and children 55, and as stated in the Islamic
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inheritance law 25. The heirs will receive the estate owned by their parents 70, and it is in the form of a moving object and the object is not moving. For
the division of legacy between boys and girls, it turns out most of them divide equally 35, however, most of them use of the Islamic law, namely the part of
boys larger than the number of girls part, 2: 1. In the division of inheritance in traditional Minangkabau society, also
distinguished between the living treasures and property. The living treasure should be clear, in part or in full whether has been granted to the heir or nephew
or not. If it already granted, of course, the property is the right of the person concerned. If the bako brother of the heir demanding hisher share, then be
resolved by deal. Meanwhile, the division of inheritance to determine who will hold the rights ganggam bauntuak can be resolved by deal too. About living
treasure, the question is whether it can be inherited by the father to his wife and children. In this case, the customary law experts said that the living treasure has
no legal status in custom and it is not also include the low inheritance.
5.1 The High Legacy Harto Pusako Tinggi
