How is the Division of Inheritance for Stepmother? Here's the Explanation

Dream - Islam has regulated the division of inheritance. The rules of inheritance division in Islam aim to avoid conflicts within a family.

The division of inheritance has been explained in the Quran, along with the distribution of the amounts. As for the form of the inheritance, it can be in the form of tangible or intangible assets.

Dream friends must know that this inheritance will be distributed to the heirs, usually consisting of the wife, children, and parents. But, what if there is a stepmother? Is the stepmother also entitled to receive an inheritance?

To find out the explanation more clearly, here is the summary as compiled by Dream from various sources.

Stepmother Receives Inheritance

There may be some Muslims who are still confused whether a stepmother is entitled to receive an inheritance or not. In Islam, a stepmother is entitled to receive an inheritance. However, with the condition that when her husband breathes his last breath, the stepmother is still alive and her status is still as the wife of the deceased.

Even if the stepmother has just been married to your father for one day, her status is valid as the wife of your father.

For the division of her inheritance, the stepmother is entitled to receive 1/8 of the total assets of your father. If your father does not have any descendants who are eligible heirs or does not have any children, then the stepmother will receive a larger share of the inheritance, which is 1/4.

This is also explained in the Quran through Surah An-Nisa verse 12:

"Wives shall receive a quarter of what you leave behind if you have no children. If you have children, then wives shall receive an eighth of what you leave behind, after fulfilling any will you have made or any debts you have paid off." (QS. An-Nisa: 12)

Division of Inheritance

Based on the previous explanation, the inheritance that will be received by the stepmother is 1/8. Therefore, there is still 7/8 remaining that will be the right of the deceased's children. Where for male children, they will receive twice the share of female children.

If a family has 3 male children and 3 female children, then the 7/8 will be divided into 9. If calculated, the details are as follows:

7/8 x 1/9 = 7/72

Each male child will receive (2 x 7/72) x 7/8 = 14/72 x 7/8 = 98/576.

Meanwhile, each female child will receive (1 x 7/72) x 7/8 = 7/72 x 7/8 = 49/576.

Not Delaying the Division of Inheritance

In the division of inheritance, it is advisable for the heirs not to delay after the deceased has passed away. Because if it is delayed, it may cause problems within the family.

In this case, it is also related to trust. Islam teaches to deliver trust to those who are entitled to receive it. As explained in Surah An-Nisa verse 58:

"Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing." (QS. An-Nisa: 58)

Furthermore, if there is someone in a family who hinders the immediate distribution of the inheritance, in this case, there is the Compilation of Islamic Law (KHI) that regulates it. Namely in article 188, which protects the right to claim the division of inheritance by filing a lawsuit to the Religious Court.

In addition, customs or urf in the community where they live is also an important consideration. In Indonesia itself, usually the inheritance is distributed when both parents have passed away.