Example of Inheritance Calculation: Wife Passes Away Leaving Husband, Father, and Two Daughters

Why This Example Needs to Be Discussed

Discussions of inheritance in Indonesia often center on a husband who passes away. Yet it is not uncommon for the wife to pass away first, and the composition of her heirs can differ: husband, father or mother, children, and possibly siblings. The following example illustrates an important case because the sum of the heirs' shares exceeds one — this is what in the science of faraid is called 'aul.

This article is general information, not a fatwa or legal advice. Each family should verify the complete lineage and, if necessary, consult the Religious Court, a notary/PPAT, or a trusted ustadz.

Case Data and List of Heirs

Suppose Bu Aminah passed away in 2026. She left behind:

• Pak Yusuf — husband;
• Pak Hasan — Bu Aminah's father;
• Nadia and Rani — two daughters;
• Bu Aminah's mother had passed away earlier; there is no son.

Bu Aminah's siblings are indeed still alive, but they are excluded because there are children and a father (KHI Book II). So they do not receive a share in this distribution.

Before calculating, jointly acquired property (gono-gini) must first be separated: half of the jointly acquired property belongs to Pak Yusuf as the spouse, and only the other half enters the inheritance estate. After funeral costs, debts, and wasiat (maximum one-third) are settled, suppose the net inheritance estate is Rp 780,000,000.

Each Share According to An-Nisa and KHI

Because there are children, the position of the husband, father, and daughters is regulated as follows.

1. Husband receives 1/4

An-Nisa 4:12 states that the husband receives one-fourth if the deceased has children. Because Nadia and Rani exist, Pak Yusuf's share is 1/4.

2. Father receives 1/6

An-Nisa 4:11 states that the father receives one-sixth if there are children. So Pak Hasan receives 1/6.

3. Two daughters receive 2/3

An-Nisa 4:11 states that two or more daughters receive two-thirds, divided equally among them. Nadia and Rani together receive 2/3.

Note: the shares of the husband, father, and daughters here are fixed shares (furudh), not residuary. Therefore, if their total exceeds one, the solution is not to arbitrarily reduce one of the shares.

Summing the Shares: The 'Aul Case

Let us make the denominators equal with the number 12:

• Husband: 1/4 = 3/12
• Father: 1/6 = 2/12
• Two daughters: 2/3 = 8/12

The total is 3/12 + 2/12 + 8/12 = 13/12 — greater than one. In the method agreed upon by the scholars (jumhur), the base of the problem is raised from 12 to 13, and the entire estate is divided into 13 equal parts. This is what is called 'aul.

Value of one part: Rp 780,000,000 : 13 = Rp 60,000,000.

These numbers divide exactly, with no remainder. The same formula applies if the inheritance estate is in the form of a house or land: the asset value is assessed at market price, then divided in the proportion 3 : 2 : 4 : 4.

Checklist Before Calculating and Distributing

1. Ensure the order of death in the family, because an heir who passed away earlier does not inherit.
2. Separate jointly acquired property (gono-gini) before determining the inheritance estate.
3. Pay funeral costs, debts, then wasiat (maximum one-third) before the estate is divided.
4. List all heirs, including those who may be excluded, so that no one is missed.
5. Determine the asset value at a fair market price agreed upon by the family.
6. Calculate each heir's share, then verify that the total is exactly 100 percent.

If one of the heirs passes away after the deceased but before the estate is divided, their share does not disappear, but is passed on to their own heirs (munasakhah).

If the Family Composition Is Different

The above calculation changes if there are other heirs. For example, if Bu Aminah's mother is still alive, she receives 1/6 because there are children; if there is a son, the children's share becomes 2:1 and the father remains 1/6, while the husband remains 1/4. Therefore, ensuring the complete family lineage is the first step that must not be skipped. IndoWaris can help map the family lineage and calculate the heirs' shares based on the data you enter.

Practical Next Steps

After the calculation is agreed upon, the family usually continues by arranging a certificate or determination of heirs through the Religious Court, then transferring the title of assets such as land and buildings through the PPAT/BPN, as well as handling the deceased's bank accounts. For high-value assets or families that do not agree, it is advisable to involve a notary or request assistance from the Religious Court so that the distribution proceeds lawfully and does not give rise to disputes in the future.

Most importantly: calculate carefully, deliberate calmly, and record the agreement in writing. A correct distribution from the start will keep family relations good for the next generation.