Yeni Salma Barlinti FHUI, Depok

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Presentation transcript:

Yeni Salma Barlinti FHUI, Depok RADD & ‘AWL Yeni Salma Barlinti FHUI, Depok

RADD Radd is distributing the residue proportionally Terms of Radd: Has dzul faraid heirs There is residue Has no dzul qarabat/ashabah heirs

Comparison of Radd BILATERAL HAZAIRIN PATRILINEAL SYAFI’I Zaid bin Tsabit Jumhur Ulama Usman bin Affan All dzul faraid heirs will get radd proportionally If there is no heirs, the total estate will be distributed to baitul maal Radd only distributes to baitul mal, not to dzul faraid heirs Radd distributes to dzul faraid heirs, exclude husband and wife, although there is baitul maal Radd distributes to dzul faraid heirs include husband and wife, because they get ‘awl (qiyas onto ‘awl)

Example: The deceased left mother (A), wife (B), and two daughters (C and D) The deceased left husband (D) and 2 daughters (E and F) The deceased left father (G), wife (H), a daughter (I).

‘AWL ‘Awl is reducing the shares proportionally Atsar Ali bin Abi Thalib (Mimbariyah) Ali bin Abi Thalib solved inheritance case on rostrum in Kufah Mosque. The case was the deceased left wife, two daughters, father, and mother. Ali bin Abi Thalib gave wifes’s shares 1/9, not 1/8

Example: The deceased left husband (A), a daughter (B), father (C), and mother (D) The deceased left wife (E), 3 daughters (F, G, and H), father (I), and mother (J)

Compilation of Islamic Law (KHI) Article 192  ‘Awl Article Pasal 193  Radd Article Pasal 191  Kalaalah