THE LEGAL STATUS OF PARENTAL GIFTS AS INHERITANCE UNDER ISLAMIC LAW: AN ANALYSIS OF ARTICLE 211 OF THE INDONESIAN COMPILATION OF ISLAMIC LAW

Abstract

Article 211 of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) stipulates that “a grant made by parents to their children may be taken into account as part of the inheritance.” This provision creates ambiguity regarding the distinction between inheritance and grants. Consequently, the article raises questions and requires further clarification concerning the actual calculation and legal treatment of grants made by parents to their children. Based on this issue, the present study aims to examine and analyze in greater depth the concept of grants as regulated under Article 211 of the KHI. To address the main research problem, this study employs library research. The research uses three approaches: a legal approach, a historical approach, and a conceptual approach. The study concludes that, first, a grant from parents to their children may be treated as a substitute for inheritance if the amount granted exceeds the recipient’s inheritance entitlement and does not generate disputes among the heirs. Second, parental grants to children may remain problematic when one of the children is able to prove that a grant was given by the parents, even if other heirs object to the grant. In such circumstances, Article 211 cannot necessarily be applied, and this may result in an unequal distribution of inheritance among the heirs. Third, parental grants to children under the KHI, when regarded as a substitute for inheritance, are consistent with the principle of maslahah mursalah, provided that the applicable requirements and conditions are fulfilled.