The Shares of the Father and Mother in Islamic Inheritance: Provisions and Calculation Examples

Why the Shares of the Father and Mother Need to Be Understood

In Islamic inheritance, the father and mother are primary heirs. The shares of both are mentioned in the Qur'an, An-Nisa 4:11. In Indonesia, this provision is read together with Book II of the Compilation of Islamic Law (KHI) Articles 171–214. Therefore, a well-ordered distribution of inheritance begins by establishing who the heirs are, then calculating each one's share.

The shares of the father and mother are not always the same. The presence of children, the number of siblings, and the existence of a spouse can change the outcome. This article is general information, not a fatwa or legal advice. For complex cases, consult the Religious Court (Pengadilan Agama), a notary/PPAT, or a trusted ustadz.

The Shares of the Father and Mother When There Are Children

If the deceased leaves children, whether male or female, the father and mother each receive 1/6 of the inheritance. After the fixed shares of the spouse and parents are set aside, the remainder of the estate goes to the children in a 2:1 ratio between males and females.

Father: 1/6 if there are children.
Mother: 1/6 if there are children.
Children: receive the remainder after the fixed shares, divided 2:1 between sons and daughters.

Heirs must be Muslim, as required in KHI Article 171. If there is a barrier under Article 173, a person's share may be void. For ordinary cases, the order of calculation remains the same: net estate, fixed shares, then the remainder for the children.

Example 1: Wife, Father, Mother, and Two Children

Mr. Ahmad passed away leaving a net estate of Rp144,000,000. His heirs: wife (Mrs. Sari), father (Grandfather Hasan), mother (Grandmother Aminah), son (Budi), and daughter (Rina).

Heir	Share	Amount
Wife	1/8	Rp18,000,000
Father	1/6	Rp24,000,000
Mother	1/6	Rp24,000,000
Budi	Remainder	Rp52,000,000
Rina	Remainder	Rp26,000,000
Total		Rp144,000,000

The remainder of Rp78,000,000 is divided 2:1: Budi receives Rp52,000,000 and Rina Rp26,000,000.

The Mother's Share When There Are No Children or When There Are Many Siblings

The mother has two possible shares. If there are children, the mother receives 1/6. If there are no children but there are two or more siblings, the mother also receives 1/6. If there are no children and fewer than two siblings, the mother receives 1/3. The father, if there are no children, may receive the remainder after the fixed shares; therefore the father's share must be checked according to the composition of heirs.

There is a special case known as gharrawain. This case occurs when the heirs consist only of a spouse, the mother, and the father, with no children and no siblings. In the gharrawain case, the mother receives 1/3 of the remainder of the estate after the spouse's share, not 1/3 of the entire estate.

Example 2: Gharrawain

Mrs. Fatimah passed away with a net estate of Rp120,000,000. Her heirs: husband (Mr. Rudi), mother (Grandmother Salamah), and father (Grandfather Yusuf). There are no children and no siblings.

Heir	Share	Amount
Husband	1/2	Rp60,000,000
Mother	1/3 of the remainder	Rp20,000,000
Father	Remainder	Rp40,000,000
Total		Rp120,000,000

After the husband receives Rp60,000,000, the remainder is Rp60,000,000. The mother receives 1/3 of the remainder, which is Rp20,000,000, and the father receives the rest, Rp40,000,000.

When There Are Siblings: Hijab and Its Effect

Full siblings do not always inherit. Under the provisions used by IndoWaris, full siblings are excluded (hijab) by the presence of children or by the father. Thus, if the deceased leaves children or a father, full siblings receive no share. They also do not automatically take the place of a child who died earlier; for that there is a mechanism of substitute heirs (ahli waris pengganti) under KHI Article 185 with certain conditions and limits.

Although excluded, the existence of siblings still needs to be recorded because the number of siblings can affect the mother's share. If there are no children and there are two or more siblings, the mother receives 1/6. If there are no children and fewer than two siblings, the mother receives 1/3. Therefore, family data must be complete before calculating.

Example 3: Wife, Mother, Father, and One Sibling

Mr. Idris passed away with a net estate of Rp120,000,000. His heirs: wife (Mrs. Laila), mother (Grandmother Rahma), father (Grandfather Umar), and one brother (Mas Tono). There are no children.

Heir	Share	Amount
Wife	1/4	Rp30,000,000
Mother	1/3	Rp40,000,000
Father	Remainder	Rp50,000,000
Brother	Excluded by the father	Rp0
Total		Rp120,000,000

The mother receives 1/3 because there are no children and fewer than two siblings. The father receives the remainder, while the brother is excluded by the father.

Practical Steps Before Distributing

Ensure that the estate being calculated is the net estate after debts, funeral expenses, and a valid will of at most 1/3.
List the heirs who are alive at the time of the deceased's death, are Muslim, and are not subject to a barrier under Article 173.
Mark the children, spouse, father, mother, and siblings. Check whether there is a gharrawain case or substitute heirs.
Calculate the fixed shares, then the remainder for the children or the residuary heir (ashabah) according to the composition of heirs.
Put the agreement in writing. For land and certificates, involve a notary/PPAT; if there is a dispute, bring it to the Religious Court.

IndoWaris can help draw the family tree and calculate the shares of heirs as a checking tool. The results still need to be matched against the documents and, for special cases, with the competent authorities.

This article is general information and not a fatwa or legal advice. Every family may have different circumstances; ensure that the distribution is carried out after understanding the rights and obligations of all heirs.