Yeni Salma Barlinti GRANDCHILD MAWALI substitute heir Grandchild

Yeni Salma Barlinti

� GRANDCHILD = MAWALI = substitute heir � Grandchild is substitute heir of son or daughter � Grandchild is son and or daughter of son and or daughter � Legal basis: QS An Nisaa ayat 33 �“To (benefit) every one, We have appointed shares and heirs to property left by parents and relatives. To those, also, to whom your right hand was pledged, give their due portion. For truly God is witness to all things. ”

� Share of grandchild is the amount of his/her parent (son or daughter of the deceased) � Share of grandchild = share of child, determined on QS An Nisaa ayat 11

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� Grandchild is son and or daughter of son and male descent forth � Grandchild(ren) (grandson or granddaughter through the late son or male descent) is classified as dzul faraid or asabah binnafsihi or asabah bilghairi � Son and Daughter of daughter and of female descent forth are called dzul arham: �They will get share if there are no dzul faraid of blood relationship and asabah. �They can get share together with husband or wife

1. QS An Nisaa ayat 11 2. Hadis Ibnu Abbas �Give the inheritance to heirs, then give the rest to closer male

3. Hadis Zaid bin Tsabit a. b. c. d. e. f. Son of son is considered as son, if there is no son and daughter Daughter of son is considered as daughter, if there is no son and daughter Son of son, if there is no son and daughter, will inherit and prevent (hijab) like son Daughter of son, if there is no son and daughter, will inherit and prevent (hijab) like daughter Son of son has no share if there is son If the deceased left a daughter and a son of son, the daughter get a half and the son of son gets the rest

4. Hadis Ibnu Mas’ud �I would have gone astray if i were not one of those guided (by the Prophet). I would adjudicate just as it was judged by the messenger of Allah. For the daughter, it is a half and for the daughter of the son is one sixth thus completing two-thirds (takmilah). Whatever is remaining will go to the sister”

� If the deceased left grandson, he gets all legacy (ashabah binnafsihi, Hadis Ibnu Abbas) � If the deceased left grandson and granddaughter, share of grandson is equal to two shares of granddaughter (ashabah binnafsihi, QS An Nisaa 11 a jo Hadis Zaid bin Tsabit)

� Grandson is prevented by son � Grandson prevents brother and sister (full, uterine, and consanguine sibling)

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� If the deceased left a granddaughter, she gets ½ share (zul faraidh, QS An Nisa 11 c jo Hadis Zaid bin Tsabit) � If the deceased left two or more granddaughters, they get 2/3 share (zul faraidh, QS An Nisa 11 b jo Hadis Zaid bin Tsabit) � If the deceased left granddaughter and grandson, share of grandson is equal to two shares of granddaughters (ashabah bil ghairi, QS An Nisa 11 a jo Hadis Zaid bin Tsabit)

� If granddaughter is coming together with a daughter, granddaughter get 1/6 share to complete 2/3 (takmilah) with the daughter (zul faraidh, Hadis Ibnu Mas’ud) � If the deceased left daughter (one or more), daughter of son and son of son, but no son, the daughter get a half (for one daughter) or two-thirds (for two or more daughters) shares, and daughters of son get one share of two shares of son (ashabah bil ghairi, QS An Nisa ayat 11 jo Hadis Zaid bin Tsabit)

� Granddaughter prevents uterine brother and or sister (same mother) and zul arham � Granddaughter is prevented by : �Son �Two or more daughters, except granddaughter is coming together with grandson �Grandson whose level is higher than her �Granddaughters whose level is higher than her, except she is coming together with grandson who has same level or lower

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� AHLI WARIS PENGGANTI (substitute heir) � Grandchild is grandson and or granddaughter of son and or daughter � Article 185 KHI Ahli waris yang meninggal lebih dahulu dari pada si pewaris maka kedudukannya dapat digantikan oleh anaknya, kecuali mereka yang tersebut dalam Pasal 173. 2) Bagian bagi ahli waris pengganti tidak boleh melebihi dari bagian ahli waris yang sederajat dengan yang diganti. The late heir may be substitude by his/her child(ren), except they who are determined on Art. 173 Share of substitute heir shall not be more than share of heir who is the same level with substitude-heir 1)

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