Before splitting the properties, have to ensure
whose within heir can acquire the properties by Ashabul-Furud, whose Mahjud,
before splitting the balance to those qualified to receive Asabah.
1. Ashabul-Furud
This group take fixed portion by syara'
of 1/2, 1/3, 1/4,
2/3, 1/6 or 1/8. They are husband or wife, mother or mother of mother, father or
father of father, daughter or daughter of son, full sister, consaguine sister
and uterine brother or sister.
2. Asabah
This group receive balance when all
Ashabul-Furud got their portion. There are 3 types of asabah:
(a) Asabah Binafsih
(b) Asabah
Bil Ghoir
(c) Asabah Maal
Ghoir.
(a) Asabah
Binafsih
Division of propeties by finishing all
the properties, or taking up all balance by male heir, with or without cause of
present of other heir. They are 12 male heir in this group, father, father of
father, son of son, full brother, consaguine brother, son of full brother, son
of consguine brother, full brother of fahter, consaguine brother of father, son
of full brother of father and son of consaguine brother of father.
(b) Asabah
Bil Ghoir
Division of porperties by finishing all the
properties, or taking up all balance by female heir because of present of other
male heir. There are 4 heir in this group, daughter or son, daughter of son or
son of son, full sister or brother, consaguine sister or brother.
(c) Asabah
Maal Ghoir
Division of properties by finishing all the
properties, or having all the balance by female heir because of present of other
female heir. There are 2 female heir in this group, full sister and consaguine
sister (sharing with daughter or daughter of son).
3. Dhawil-Arham
This group replace grop (1) and (2) when
there is no husband of wife to hinder this group from taking portion of
properties. In most condition this group is blocked by receiving any portion
because there is other heir that closely family relation to the deceased. This
situation called hijjab or wall. There is 4 Dhawil-Arham, grandfather and
grandmother, grandchild or greate grandchild, child of sister and sister or
brother of mother. There is 2 type of hijjab:
(a) Hijab Nuqshon
Blocked by taking out heir portion from
receiving Ashabul-Furud - larger portion become smaller because of exist other
heir with them. Example, husband received 1/4 from 1/2 because having child or
grand child.
(b) Hijab Hirman
Blocked by not having portion of all
because exist close family related heir of the deceased which more entitled to
receive portion. Example, consaguine brother is blocked because there is full
brother and father of fahter being denied by father. |
