Perspectives on Inheritance and Bequest for Heirs' Descendants

A Comparative Analysis of Muhammad Shahrur and Hazairin

Abstrak

Far'u al-warith ( direct descendants of an heir) represents a form of kinship that is one of the strongest factors in establishing inheritance rights in Islam. This study aims to describe the inheritance rights of far'u al-warith from the perspectives of Muhammad Shahrur and Hazairin. Additionally, it examines the bequest provisions for far'u al-warith according to both scholars. This research employs a normative legal approach with a comparative methodology. The data used are secondary data collected through documentation and then analyzed descriptively. The results show that Muhammad Shahrur's concept of inheritance for far'u al-warith is based on three inheritance boundaries, known as the theory of hudud, where grandchildren inherit based on the concept of tardhiyah. In Hazairin’s concept, inheritance for far'u al-warith is determined using a 2:1 asset ratio, and grandchildren inherit through the concept of mawali. In Shahrur’s concept of bequests for far'u al-warith, the testator has full rights to decide the amount of wealth and designate the beneficiaries, without specific limitations other than adherence to spiritual piety. In contrast, Hazairin’s concept imposes a limit on the size of the bequest, restricting it to no more than one-third of the estate. In Hazairin’s view, both heirs and non-heirs may be recipients of the bequest.