Hibah to One Child Before Death: Is It Counted in the Inheritance?

Hibah Is Not Inheritance, but It Still Needs to Be Discussed

In many Muslim families, parents give a house, rice field, or money to one of their children while still alive. The intention can vary: helping a child in difficulty, financing a business, or preparing a place to live. When the parent dies, the other children often ask: is the property that has already been given as hibah still counted as inheritance?

The short answer: a valid and completed hibah does not automatically become inherited property. Inherited property is property left by the deceased at the time of death, after deducting debts, funeral expenses, and wasiat. The Qur'an, An-Nisa 4:11, also states that the division is carried out after the wasiat and debts are fulfilled. However, within a family, hibah to one child cannot be separated from the issues of fairness, transparency, and evidence.

Therefore, the more appropriate question is not only valid or not, but also whether that hibah will be taken into account when the inheritance is divided. This is where KHI provides an important guideline.

What Does KHI Say about Hibah to a Child?

The Compilation of Islamic Law (KHI) Book II regulates inheritance, wasiat, and hibah. Two articles that are often cited are Article 210 and Article 211. Broadly speaking, KHI Article 210 regulates the limits and conditions of hibah, while Article 211 states that a hibah from a parent to their child may be taken into account as inheritance.

The key word is may, not must always. This means KHI opens the door so that a parent's hibah to a child is not automatically disregarded in the division of the inheritance. However, its application depends on the facts: whether the hibah was truly handed over, whether there is evidence, whether the value of the hibah is reasonable, and whether the heirs agree to take it into account.

A distinction must also be made between hibah and wasiat. Hibah is carried out while the parent is still alive and the property truly changes hands. Wasiat is an instruction to give property after death, with a maximum limit of one-third of the property according to KHI. A wasiat to an heir also has its own conditions, including the approval of the other heirs. Therefore, do not confuse a hibah of a house whose title has already been transferred with a wasiat that has not yet been carried out.

Why Does Hibah to One Child Easily Become a Dispute?

There are several common causes:

• No written evidence. The hibah was only stated in front of the family, without a deed, witnesses, or a record of value.
• The property has not truly changed hands. The certificate is still in the parent's name, so legally the property still appears to be the deceased's property.
• The value of the hibah is far greater than the reasonable share for that child, so the other children feel it is unfair.
• The hibah was given during severe illness. Some scholars dispute whether such a hibah is treated the same as a wasiat. Therefore, consultation is needed.
• No deliberation. The other children only find out after the parent dies, so a sense of betrayal arises.

In Islam, parents are encouraged to act fairly toward their children. However, fair does not always mean every child must receive exactly the same amount at the time of hibah. Needs, circumstances, and family agreement may differ. What matters is that the decision is known and understood, not hidden.

Calculation Example: If the Hibah Is Taken into Account

Suppose Pak Ahmad dies leaving a wife, two sons, and one daughter. After debts and funeral expenses are paid, the remaining inherited property is Rp600 million. While alive, Pak Ahmad had once given a house worth Rp180 million as hibah to Budi, one of his sons. The family agrees to take that hibah into account in the spirit of KHI Article 211.

The steps: add up the inherited property and the value of the hibah to be taken into account.

The wife receives 1/8 because there are children: Rp780 million x 1/8 = Rp97,500,000. The remainder of Rp682,500,000 is divided among two sons and one daughter in a 2:1 ratio. The total number of child shares = 2 + 2 + 1 = 5 shares. One share = Rp682,500,000 : 5 = Rp136,500,000.

• Budi as a son: 2 x Rp136,500,000 = Rp273,000,000. Since he has already received a hibah of Rp180,000,000, he receives an additional Rp93,000,000 from the inherited property.
• The second son: Rp273,000,000.
• The daughter: Rp136,500,000.

Total distributed from the inherited property: Rp97,500,000 + Rp93,000,000 + Rp273,000,000 + Rp136,500,000 = Rp600,000,000. It matches. If the hibah is not taken into account, the result will certainly differ and Budi will receive more overall. This is why family agreement and evidence of the hibah are so important.

Practical Steps Before and After Hibah

1. Ensure the property truly changes hands. For land or a house, transfer the title or at least make a hibah deed before a PPAT/notary. For money, keep the transfer receipt and a record of the date.
2. Record the value of the hibah at the time it was given. The value of a house in 2010 is certainly different from its value in 2026. Keep the valuation document or agreed value.
3. Discuss it openly. Involve the other children or at least inform them that there is a hibah. Excessive secrecy is often a source of conflict.
4. Consider fairness among the children. If the hibah to one child is very large, the family may agree that the hibah will be taken into account when the inheritance is divided.
5. Consult on special cases. A hibah during severe illness, a hibah whose title has not been transferred, or a hibah that consumes almost all the property should be consulted with the Religious Court (Pengadilan Agama), a notary/PPAT, or an ustadz who understands faraid.

IndoWaris can help map the family tree and calculate the shares of the heirs, including when the family wants to compare scenarios with or without taking the hibah into account.

Closing: Legally Valid, Harmonious for the Family

Hibah to one child is not automatically wrong. A valid and completed hibah is a gift made during life, not an inheritance that must be re-divided. However, KHI Article 211 provides room for a parent's hibah to a child to be taken into account as inheritance. Therefore, from the outset the family needs to be open, keep records, and deliberate.

This article is general information, not a fatwa or legal advice. For real cases, especially those involving land, wasiat, or disputing heirs, it is advisable to seek the opinion of the Religious Court (Pengadilan Agama), a notary/PPAT, or a competent ustadz.