Is Inheritance Really the Cause of Family Breakdown?

In Indonesia, inheritance conflicts are becoming increasingly complex because society lives within a diversity of legal and cultural systems. On one hand, there is state law that regulates the distribution of inheritance through various legislative provisions. On the other hand, there is Islamic law, which possesses detailed rules regarding the rights and shares of each heir. Additionally, Indonesian society remains heavily influenced by customary laws (adat) that vary from region to region.

It is not uncommon for these three systems to produce differing views on who is entitled to receive an inheritance and the size of the portion they should receive. As a result, family members often hold different understandings, leading to debates. Some wish to follow religious law fully, others prefer customary law because it is considered a family tradition, and some adhere to state regulations. These differing perspectives are often the starting point for conflict.

How is it viewed through the interpretation of the Qur’an?

From the perspective of the Qur’lan, rules regarding inheritance have actually been explained in great detail. These provisions are primarily found in Surah An-Nisa, verses 11, 12, and 176. Unlike many other issues that are only explained generally, the matter of inheritance receives a very detailed explanation. This indicates that the distribution of inheritance is a very important issue because it relates to human rights that have the potential to cause disputes. Allah SWT did not leave this matter entirely to human consideration, but instead established specific portions for each heir.

In the Tafsir Ibn Kathir, it is explained that inheritance provisions are a form of Allah’s mercy to humanity to prevent injustice in the distribution of wealth. Before Islam arrived, inheritance distribution was often only given to adult men who were considered capable of fighting or protecting the family. Women and children often received no rights at all. Islam then changed this system by providing clear rights to every heir according to their position. Thus, the Islamic inheritance system essentially exists to create justice and protect parties who were previously disadvantaged (Ibn Kathir, 2004).

Meanwhile, in the Tafsir Al-Qurthubi, it is explained that inheritance provisions are part of the Sharia that must be obeyed because they originate directly from Allah SWT. According to Al-Qurthubi, humans often judge things based on their own feelings and interests. What one person considers fair is not necessarily truly fair according to Allah’s provisions. Therefore, Allah established inheritance portions directly so that humans do not become trapped in personal interests that could harm others. This emphasis is seen at the end of the inheritance verses, which mention that these provisions are ‘hududullah’ or the boundaries established by Allah (Al-Qurthubi, n.d.).

A more contextual interpretation can be found in the work of M. Quraish Shihab. According to him, the distribution of inheritance in Islam should not be understood solely from a mathematical perspective. The larger share for sons compared to daughters does not mean that men are more noble. The difference relates to the social and economic responsibilities imposed on men within the Islamic family system. Men have the obligation to provide maintenance for their wives and children, whereas women do not have such an obligation. Thus, the distribution of inheritance in Islam is not merely about equal amounts, but about the balance of rights and responsibilities (Quraish Shihab, 2005).

In the reality of Indonesian society, the view often arises that equal distribution of inheritance is the most ideal form of justice. Many families choose to divide all the deceased parents’ assets equally among all children without considering the provisions regulated in Islamic Sharia. On one hand, such decisions sometimes succeed in maintaining family harmony because they are based on mutual agreement. However, on the other hand, such distributions often trigger new conflicts when family members feel their rights have been ignored or when the agreement is made under certain pressures. This condition shows that the issue of inheritance is not as simple as dividing wealth, but involves the sense of justice felt by every family member.

What is the view from the Hadith?

In addition to the Qur’an, the Hadith of Prophet Muhammad SAW also places great importance on the issues of inheritance and ownership rights. The Prophet SAW said: ‘Give the shares of inheritance to those entitled to them, and the remainder should be given to the nearest male relative.’ (HR. Bukhari and Muslim). This Hadith shows that the distribution of inheritance must be carried out based on the rights that have been determined, not based on emotional closeness or personal interest. Every heir has a right that must be given fairly and proportionally. Another highly relevant Hadith is the saying of the Prophet SAW: ‘Whoever takes even a span of land unjustly, Allah will encircle him with seven layers of the earth on the Day of Resurrection.’ (HR. Bukhari and Muslim).

Although this Hadith does not specifically speak about inheritance, the moral message contained within it is very clear: the prohibition of taking the rights of others unlawfully. In the context of inheritance, the Hadith serves as a reminder that controlling inheritance wealth beyond one’s rightful share is a form of injustice that carries moral and spiritual consequences. The issue of inheritance also has a psychological dimension that is often forgotten. Many people assume that inheritance conflicts only relate to…