Legal Basis of Islamic Inheritance in Indonesia: An-Nisa 11, 12, 176 and KHI

Many Muslim families in Indonesia distribute inheritance according to family custom or verbal agreement. That way is not necessarily wrong, but without a clear foundation, the distribution can deviate from the provisions of sharia and applicable law. In Indonesia there are two main references that complement each other: the Qur'an and the Compilation of Islamic Law (KHI).

The Qur'an: the primary source of inheritance shares

The Qur'an regulates the distribution of inheritance in detail, especially in three verses of surah An-Nisa. These verses are the first reference before any technical rules.

• An-Nisa 4:11 — regulates the shares of sons and daughters in a 2:1 ratio; a single daughter receives 1/2, two or more daughters receive 2/3; as well as the shares of the father and mother when the deceased leaves children.
• An-Nisa 4:12 — regulates the share of the husband (1/2, or 1/4 if there are children) and the wife (1/4, or 1/8 if there are children, shared together if there is more than one wife), as well as the shares of maternal half-siblings in the case of kalalah.
• An-Nisa 4:176 — regulates the case of kalalah, namely a deceased who leaves neither child nor father, with the shares of full siblings: brother and sister 2:1, a single sister 1/2, and two or more sisters 2/3.

These three verses are fundamental. They set the numbers and ratios, but do not detail the entire administrative procedure in Indonesia. This is where KHI plays a role.

Compilation of Islamic Law: operational guidelines in Indonesia

KHI was drafted as a guideline for Muslims and religious courts, and was enacted through Presidential Instruction Number 1 of 1991. The inheritance section is contained in Book II, Articles 171 to 214. KHI is not a law, but a compilation that helps judges and the community apply inheritance law in a more directed manner.

Some articles that are often used include:

• Article 171 — contains basic definitions such as deceased, heir, inheritance property, will, and grant. This article also affirms that an heir is a person who is Muslim and not legally barred.
• Article 173 — regulates barriers to inheriting: an heir who is convicted of killing, attempting to kill, or severely persecuting the deceased, or who slanders the deceased with a criminal accusation carrying a threat of five years or more.
• Article 185 — regulates substitute heirs. A grandchild whose parent died earlier may take the parent's share, then divided 2:1 according to sex.

It should be noted, the requirement of being Muslim for an heir is in Article 171, not Article 173. Article 173 only contains barriers due to certain criminal acts.

How both are used together

The Qur'an provides the principles and share numbers. KHI provides definitions, order, and procedures that facilitate application in Indonesia. The Religious Courts generally refer to both: the Qur'anic verses as the source of sharia, KHI as technical guidelines.

Therefore, when calculating inheritance, the first step is to ensure who the living heirs are at the time of the deceased's death, then determine each one's share based on An-Nisa 4:11, 4:12, and 4:176. After that, check whether there are relevant KHI provisions, for example substitute heirs or barriers to inheriting.

Simple example

Mr. Hendra passed away and left a wife, a mother, one son, and one daughter. The net inheritance after debts and will is Rp72,000,000. All heirs are Muslim and there are no barriers.

1. The wife receives 1/8 because there are children: Rp9,000,000.
2. The mother receives 1/6 because there are children: Rp12,000,000.
3. Remaining property: Rp72,000,000 − Rp21,000,000 = Rp51,000,000.
4. The remainder is divided among the children in a 2:1 ratio. Son: Rp34,000,000; daughter: Rp17,000,000.

Total of all shares: Rp9,000,000 + Rp12,000,000 + Rp34,000,000 + Rp17,000,000 = Rp72,000,000. This figure is exact and can be rechecked.

Things to know and practical steps

The Qur'an and KHI do not always answer every situation in detail. In certain cases, such as a child in the womb, a missing person, or a non-Muslim heir, scholars and practitioners may differ in opinion. For complicated cases, consult the Religious Court, a notary/PPAT, or an ustadz who understands faraid and KHI. This article is general information, not a fatwa or legal advice.

Some steps the family can take:

• Collect basic documents: family card, death certificate, and proof of family relationship.
• List all the deceased's property and debts before calculating.
• Determine the living heirs at the time of the deceased's death, including those who may be barred.
• Calculate the shares by referring to An-Nisa 4:11, 4:12, and 4:176, then match with KHI.
• Recheck the total shares so that there is no discrepancy.
• If necessary, request a determination of heirs or consultation from the Religious Court.

To check the calculation results, IndoWaris can draw the family tree and calculate the shares according to these rules. That way, family deliberation starts from the same figures and can be accounted for.