Menentukan Asal Masalah & Penerapannya dalam Menghitung Waris | Kholis Firmansyah

Summary

In this video, the speaker discusses the process of determining the distribution of Islamic inheritance, focusing on calculating the 'asal masalah' or base value for fair division. They explain different methods, such as Tanazul, Teteh full, Tawaqquf, and Tabayyun, to calculate the correct shares for heirs like the spouse, parents, and children. Using a case study involving a deceased person’s estate, the speaker illustrates how to apply these methods step by step. The video emphasizes understanding the Qur'anic guidelines on inheritance and showcases how debts and bequests should be settled before distributing the remaining assets.

Takeaways

• 😀 The concept of 'asal masalah' refers to determining the base or common multiple to divide inheritance shares fairly among heirs in Islamic law.
• 😀 The Quranic verses (Surah An-Nisa, Ayat 11 and 176) provide guidance on inheritance shares, including fractions like half, third, quarter, one-sixth, one-eighth, and two-thirds.
• 😀 The first method to determine 'asal masalah' is 'tanazul,' where if the denominators are the same, the common denominator is used.
• 😀 The second method, 'Teteh Full,' involves taking the larger denominator if one can be divided by another, such as for the wife and daughter.
• 😀 The third method, 'Tawaqquf,' is used when the fractions have a common divisor, and involves finding the smallest number that can be divided by all denominators.
• 😀 The fourth method is 'Tabayyun,' where each fraction's denominator is multiplied to find the least common multiple (LCM) and determine 'asal masalah.'
• 😀 In an example where the estate is worth 200 million, debts of 70 million, and a 10 million wasiat (will) must be subtracted first before calculating inheritance.
• 😀 Once the debt and will are subtracted, the remaining estate, or 'tirkah,' is divided among the heirs according to their shares.
• 😀 The shares of the inheritance are then calculated based on the 'asal masalah,' which was found to be 6 in this case, allowing a clear division of the estate.
• 😀 The 'Ashabul Furudh' (those entitled to fixed shares) include the parents, with each receiving one-sixth of the remaining estate, and the child (son) receives the remaining portion as an 'Asaba'.

Q & A

What is the concept of 'asal masalah' in Islamic inheritance?

Asal masalah refers to the base problem or the smallest common multiple of the denominators of the shares allocated to the heirs according to Islamic law. It is used to simplify the calculation of inheritance shares.

How are inheritance shares determined according to the Qur'an?

Inheritance shares are specified in the Qur'an, particularly in Surah An-Nisa. These shares include fractions such as 1/2, 1/3, 1/4, 1/6, 1/8, and 2/3, which determine how the estate is distributed among the heirs.

What is the first method for determining asal masalah?

The first method is 'Tanazul', which is used when the denominators of the shares are the same. In this case, the asal masalah is simply the common denominator.

How does the second method, 'Teguh OK Google', work in determining asal masalah?

The second method involves choosing the largest denominator if one denominator is divisible by another. This allows for the calculation of the common base that divides all the shares.

What is the 'Tawaqquf' method in determining asal masalah?

Tawaqquf involves finding the smallest number that can divide each of the denominators without a remainder. This number becomes the asal masalah.

Explain the 'Tabayyun' method for calculating asal masalah.

The Tabayyun method calculates the asal masalah by multiplying the denominators of the shares. This multiplication provides a base to distribute the inheritance accordingly.

What happens if there is an outstanding debt or will before dividing the inheritance?

In Islamic inheritance, any debts of the deceased must be settled first, followed by fulfilling any will before the remaining estate is divided among the heirs.

In the case study, how was the estate divided after debts and the will were paid?

After subtracting 70 million for debts and 10 million for the will, the remaining 120 million was divided among the father, mother, and son. The father and mother each received 1/6, and the son received the remaining portion.

Why is the asal masalah for this case study calculated as 6?

The asal masalah is calculated as 6 because both the father and the mother receive 1/6 of the estate, and the smallest common denominator of these shares is 6.

What role does the son play in the inheritance calculation?

The son, in this case, is classified as an 'Asaba', meaning he receives the remaining portion of the estate after the shares for the father and mother are distributed.