Example of Inheritance Calculation with 'Aul: When the Total Shares Exceed the Estate

Understanding 'Aul: When the Total Shares Exceed the Estate

In the science of faraid, the shares of certain heirs are already fixed (furudh), for example a wife gets 1/4 if there is a child, a mother gets 1/6 if there is a child, and two or more daughters receive 2/3 (An-Nisa 4:11). These numbers are beautiful and fair when they stand alone. However, in one family, several shares can appear at the same time. When added together, the result is sometimes more than one whole estate — for example 13/12.

Because the estate cannot be divided beyond the amount that exists, the majority of faraid scholars resolve this by what is called 'aul: the denominator (the bottom number) of the fraction is raised, so that each heir receives a slightly reduced share, but the ratio among them remains the same. No one is eliminated, no one is unilaterally given priority.

Some scholars do differ in their opinion on how to handle cases of this kind. Therefore, if your family's case is complicated or the family has not yet reached agreement, consult the Religious Court (Pengadilan Agama) or an ustadz who is well versed in faraid.

When Does 'Aul Occur?

'Aul does not occur in every division. It appears when heirs with fixed shares (ashabul furudh) come together and the total of their shares exceeds one. The patterns that often appear include:

• Wife (1/4) + mother (1/6) + two or more daughters (2/3) = 13/12.
• Husband (1/2) + mother (1/6) + father (1/6) + two daughters (2/3) = 9/6, so the denominator is raised to 9.
• Husband (1/2) + two daughters (2/3) + mother (1/6) also exceeds one estate.

Conversely, if there is a son, the daughters become residuary heirs (ashabah) who receive the remainder together with their brothers in a 2:1 ratio. In that pattern there is usually no 'aul, because what is divided is the remainder of the estate, not fixed shares that pile up.

Complete Calculation Example

Pak Hasan passed away. He left behind a wife (Bu Aminah), a mother (Ibu Siti), and two daughters (Nadia and Salma). Pak Hasan's father had passed away earlier, and there is no son. The estate ready for division amounts to Rp520.000.000.

The shares of each before adjustment: wife 1/4 (because there is a child), mother 1/6 (because there is a child), two daughters 2/3. If the denominators are made equal to twelve: 3/12 + 2/12 + 8/12 = 13/12. This is the case of 'aul; the denominator is raised from 12 to 13.

The way to calculate it is simple: Rp520.000.000 divided by 13 equals Rp40.000.000 per one share. The wife receives 3 shares (Rp120 million), the mother 2 shares (Rp80 million), and the two daughters 8 shares (Rp320 million, each Rp160 million). The total is exactly Rp520 million — no less, no more.

Compare: A Case Without 'Aul

To make it clearer, consider the second case. Pak Yusuf passed away and left behind a wife, a mother, and one son. The estate is Rp240.000.000. The wife receives 1/8 (there is a child) = 3/24, the mother 1/6 = 4/24. The remainder, 17/24, becomes the son's share as residuary heir (ashabah).

With one share valued at Rp10.000.000: the wife Rp30.000.000, the mother Rp40.000.000, and the son Rp170.000.000. The total is Rp240.000.000. Here there is no 'aul because the total of the fixed shares is only 7/24 and the remainder is given to the residuary heir (ashabah).

Things to Note

• Order of obligations. Before the inheritance is divided, settle the funeral expenses, the debts of the deceased, and the will (maximum one-third). Only the remainder becomes the estate.
• Determine who is excluded. Full siblings are excluded by the existence of a child or father. A mistake in determining the heirs will change the entire calculation.
• 'Aul is not injustice. All parties are reduced proportionally; no share is cancelled.
• Do not round off on your own. If the division results in fractional rupiah, the rounding remainder should be deliberated, not taken unilaterally.
• Calculate in stages if necessary. If there is a substitute heir (Article 185 KHI) or an heir who died after the testator (munasakhah), complete one stage first, then the next stage.

Practical Next Steps

1. Collect the heirs' data: names, relationships, life status, and dates of death. Make sure all are Muslim, because that is a condition for being an heir (Article 171 KHI).
2. List all the assets and obligations of the deceased, including debts, installments, and any will.
3. Calculate each heir's share, then check whether the total is exactly one or needs 'aul adjustment.
4. Discuss the result in an open family deliberation, bringing written calculations — not verbal estimates.
5. For land and buildings, arrange the Certificate of Heirs (Surat Keterangan Ahli Waris) and the transfer of rights at the PPAT; if there is a dispute, file for a determination of heirs at the Religious Court.

Calculating neatly from the start is far more calming than arguing after the estate has already been controlled by one party. IndoWaris can draw the family tree and calculate the shares of the heirs, so you can see the figures before and after adjustment clearly.

This article is general information, not a fatwa or legal advice. For concrete cases, still consult the Religious Court (Pengadilan Agama), a notary/PPAT, or an ustadz who is well versed in faraid.