Tuesday, 23 July 2019

HIBAH DAN WASIAT UNTUK ANAK YANG BERBEDA AGAMA

Question From:

Karsilah, Serengan, Solo

 

Question:

Among my children there who are not Muslim. At first it my own mistake to send him to the school who take shelter under a non-Muslim foundations, by coincidence the school is indeed advanced. At that time, although I confess religion of Islam, but have not implemented with the real teachings of religion, so the time to enter my child into school is to feel proud, and no feeling guilty when my son on his own to switch religions.

Thank God for God's guidance I was able to realize my mistake so far who will not practice their religion. Now I have to practice prayer and other devotions. Arise feeling guilty because I had chosen its own school for my child caused him to differ with my religion. As a parent I also gained it had advised him to return to the religion of Islam. But it looks like he's steadily with his religion as it relates to the source of his income, making it difficult to return to the religion of Islam. However, his name to a child, I can not distinguish love him with my children with my other co-religionists.

I'm old, concerns arise later if my child is not the Islamic religion by his brothers were not given part of my heritage. Therefore, what should I do and is it really a child of different religions are not entitled to inherit from their parents? If yes, how can if I want to give the inheritance to him?


Answer:

Karsilah mother, well that people who are not Muslims have no right to receive inheritance from the heir to the religion of Islam, though he was the biological child. If the mother will give part to the son of a Moslem mother who does not can-can, but not by way of inheritance, but through the following ways:

First, by way hibahatau giving away rights to property that is the force when the donor is still alive. There is no prohibition of a Muslim who donated his property to non-Muslims. It's just because not all the sons and daughters of mothers would be given grants, to those who are Muslims, so as not to cause further problems such as the emergence of jealousy then that needs to be explained to them that the gift was made because he will not have the right to receive an inheritance, while others will receive the inheritance. As for the size or number of grants, the mother was allowed to determine their own while maintaining fairness among the sons of other mothers. Therefore, these grants should not be greater than the acceptance of each heir in the future.

The second way is through a will, which handed over some property rights of entry into force after the legate died. If that is taken, then the sons of mothers who are not Muslim new tersebur can receive their rights after mother's death. As with grants, a Muslim is not allowed to make one's will to the Islamic religion, which is not allowed is to the intestate heirs, according to ad-Daruqutni hadith:

 

لَا وَصِيَّةَ لِوَارِثٍ [رواه الدارقطني]

 

It means: "There is no testament to the heirs."

Therefore, mother's son who had no religion or Islam is not the heirs are not entitled to receive an inheritance, it is not included in the prohibition of the hadith above. About the size of wills are allowed a maximum of 1 / 3 (one third) of the heritage, as mentioned in the hadith narrated by Muslim from Amir ibn Sa'ad from his father, he said:

 

عَادَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي حَجَّةِ الْوَدَاعِ مِنْ وَجَعٍ أَشْفَيْتُ مِنْهُ عَلَى الْمَوْتِ فَقُلْتُ يَا رَسُولَ اللَّهِ بَلَغَنِي مَا تَرَى مِنْ الْوَجَعِ وَأَنَا ذُو مَالٍ وَلَا يَرِثُنِي إِلَّا ابْنَةٌ لِي وَاحِدَةٌ أَفَأَتَصَدَّقُ بِثُلُثَيْ مَالِي قَالَ لَا قَالَ قُلْتُ أَفَأَتَصَدَّقُ بِشَطْرِهِ قَالَ لَا الثُّلُثُ وَالثُّلُثُ كَثِيرٌ إِنَّكَ أَنْ تَذَرَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَذَرَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ[رواه مسلم]

 

It means: "The Messenger came to visit me in pilgrimage wadda 'when I was weak or ill, I said to the Prophet: O Messenger of Allah, I'm weak or ill as you can see, I have (many) treasures while no one will inherit me except a My daughter, should I berwasiyat as much as two thirds of my property? The Apostle said: No (do not). I ask again, what can I intestate half of my property? Apostle replied: No, a third (only), because the third was a lot. In fact if you leave in a state of adequacy warismu expert is better than you left them in a poor state of begging to the crowd ... "[al-Jami'u as-Sahih, Juz V, page 71]

More than a third testament, a new excess applies where the permission of all heirs. Part 1 / 3 is calculated after the inheritance was taken first to the cost of providing the body, including the purchase of the shroud, funeral expenses (if you want to be taken of the heritage) and after deducting for debt pewariis (if any). Therefore, mothers should consider the legacy of which will diwasiatkan with a shared inheritance, so that part will not receive more than they receive inheritance example. This needs to be done in order to avoid jealousy among the sons and daughters of mothers.

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