Division of Inheritance under Islamic Law in Indonesia

Rules about marriage and heir stipulated in the Code of Civil Law ("Civil Code"), applicable to class Chinese citizen Foreign Easterners, who are not Muslim. In the Civil Code Article 852 stated among other things that:· Heirs are all children or their descendants, though born of other marriage though, heir of both parents, grandparents or all of their blood relatives in a straight line up next to no difference between male or female and there is no difference between first birth.· They heir head to head with the dead if they were related to the degree of family unity and each has the right for self; their heir stake to stake, if they all or just some of them act as a substitute.· In the case of the legacy of a husband or wife dies first, the wife or husband who live longest equalized with a legitimate child of the deceased.Under the terms of the above means that children are entitled heir offspring of parents or grandparents and blood relatives with the same part number. So did his wife, has the right and the amount of inheritance as well as the legitimate son.But in general for all citizens, no positive law that applies to all of us, namely Law no. 1 of 1974 concerning marriage ("Marriage Law"), which also has nothing to do with the legacy problems, because of the provisions of the Joint Treasure.In the Marriage Law of Property is set on the marriage in Article 35, which states:1) Assets acquired during the marriage becomes joint property.2) treasure inherited from each marital and property obtained respectively as a gift or inheritance is under the control of each of the parties does not specify all the others.
 This means that:

1. During the marriage Mr. and Mrs., though only Mr.'s all work for a living and collect treasure, the mother was entitled to half of the property acquisition father, and vice versa.
2. And if you split "LEGACY OF FATHER", then it is a LEGACY FATHER in the Marriage Act, is half (1/2) of all community property acquired during the marriage of Mr. and Mrs., plus:

• Mr Treasure Default (if any). It is property acquired before the marriage with her mother.
• Can also be the father of the prize of a person, from the family or agency, then it could also be incorporated into the treasure HERITAGE MR.
• Another one is inherited from the father obtained Her family, the estate was put into the group HERITAGE PROPERTY MR, which will be distributed to all heirs.

And for a Muslim, devoted more settings in the Compilation of Islamic Law ("KHI"), which regulates the Joint Treasure, which states:1) Article 85:The existence of community property in a marriage does not preclude the possibility of the property of each spouse.2) Article 86:(1) Basically there is no mixing between the assets and property of the husband wife by marriage.(2) Assets wives and wives remain the full commanded by him, as well as husbands remain the property and controlled by her husband.3) Article 87:(1) Assets innate respective husbands and wives and property obtained respectively as a gift or inheritance is under the control of each, all the other parties do not specify in the marriage contract.(2) A husband and wife have the full right to take legal actions on their property in the form of grants, gifts, or other sodaqah.
 The articles KHI means:a. Although there is treasure Together in Marriage, but there may be individual property, which is either innate property before marriage, inherited property acquired after marriage, there is a welcome gift when one party in a marriage, or it could be as agreed in the Covenant Marriage .b. That the treasures at a point, no mixing, and each is entitled to recognize him as his personal property. And is entitled to act for and on behalf of itself.If there are heirs who sought out the division LEGACY FATHER, only the Father alone property that can be distributed in advance. That belongs to my mother, separated. Technically it is rather troublesome, if you want to share immediately, because sometimes mother does not have money for monetizing the assets Mr. parts, so that you can do is sell TREASURE WITH Father and Mother, then the result is divided by two. Part Mother submitted to Mrs. utilization. Whether to buy a replacement home, or other designation. The thing to remember, too, that although Mother had received from TREASURE WITH ½, he is still entitled to a part in his capacity as the wife (at 1/8 of the Treasure LEGACY Father, if there are children). In accordance with the applicable provisions of Islamic law.
 But it can also LEGACY OF FATHER maintenance division, remain to be done, just to find out who the heirs and their share, while the execution has not been carried out before. This can be done by considering example, because my mother still occupies (in the case of a legacy of a house) because it will also include sections Capital assets, especially his mother is still there. So, depending on mutual agreement only.
 

Meanwhile, if we are referring to Islamic law (which is not positive law that already applies in Indonesia), which does not recognize the concept PROPERTY JOINT, if the father dies and the property is a treasure quest father, during his lifetime, then the property can be distributed, to ensure first, nonpayment his debts, as well as the issuance of rights of Mother, for example in case your mother never rewarded with something when Dad was alive. Or is there a mother treasures mixed in with it, such as whether it was a gift, or inheritance.As a side note, I wish to inform you that in the absence of Islamic law community property in a marriage can actually be anticipated when a woman's dowry to marry. A right to ask for dowry the bride wants, which could be for example in the form of a house (or anything else). If her husband is not a long life and die first, then the effect is purely Islamic law (not the positive law of Indonesia, which is the property during the marriage is considered as PROPERTY JOINT), then for the wife, she has had a place to live. And when her husband dies, she is only entitled to inherit from her husband for 1/8 (eighth) section if there are children, the husband of the Treasure LEGACY.As to the portion of each heir, after separation HERITAGE PROPERTY MR, which will be divided, who have recorded their heirs.Do you still have the biological parents (my grandparents)? If it is, then they deserve to be heir father. If there are children then the share of each 1/6. But, to his Mom Dad, there's notes: First, if the Heir has a son or daughter, grandson or descendant of boys; Second, if the Heir has a brother that is two or more siblings.Wife In addition, if there are children, then part 1/8. And each child gets the rest after the cut section grandfather / grandmother and my mother, with the distribution of male and female is 2:1.So what can we say, may be useful.Here I add attachments table inheritance division Indonesian version, may be useful.

TABEL WARISAN by Maulana Gp