When Do Full Siblings Inherit and When Are They Blocked (Hijab)

Why matters concerning siblings often arise at the consultation table

In many families, inheritance discussions center on children and spouses. However, when parents pass away without leaving children, or when the deceased is someone who was not yet married, full siblings suddenly become the parties with the greatest interest. This is where the classic question arises: do siblings receive a share, and if not, why?

The answer is not single. The position of full siblings depends greatly on who is still alive at the time the deceased passes away. This article is general information, not a fatwa or legal advice; for concrete cases, the Religious Court (Pengadilan Agama) or an ustadz you trust remains the best place to ask.

The legal basis used in Indonesia

Qur'an Surah An-Nisa verse 11 regulates the shares of the mother, father, and children, and also states that the mother receives one-sixth if the deceased leaves several siblings. Verse 12 regulates the shares of husband and wife, and mentions siblings in the state of kalalah (the deceased leaves no child and no father) with a one-sixth share for one sibling and one-third if more than two. Verse 176 closes the discussion of kalalah by affirming the two-to-one ratio between brothers and sisters.

At the regulatory level, the Compilation of Islamic Law (Kompilasi Hukum Islam) Book II (Articles 171–214) is the guide for the Religious Court. Article 174 mentions brothers and sisters as heirs by blood relationship. Therefore, siblings are not "outsiders" — they are heirs whose share awaits its turn according to the order established by sharia.

Full siblings are not heirs who are always present; they are heirs who are present when their blockers are absent.

When full siblings receive inheritance

Within the framework used by IndoWaris, full siblings receive a share if they simultaneously meet the following conditions:

• The deceased leaves no child. Both sons and daughters — including even one daughter — close the door of inheritance for siblings.
• The deceased leaves no father. The presence of the father also blocks siblings.
• The sibling is Muslim and is not subject to the prohibition in Article 173 of KHI, namely not proven to have killed, attempted to kill, or severely mistreated the deceased, and not proven to have falsely accused the deceased of a crime carrying a penalty of five years or more.

If these conditions are met, the siblings become residuary heirs (ashabah): they receive the remainder of the estate after the fixed shares (furudh) are taken, and that remainder is divided two-to-one between males and females. If there are no other heirs at all, the entire estate may fall to the siblings in the same ratio.

It should be noted that maternal siblings have their own provisions in An-Nisa 4:12 — one receives one-sixth, two or more share one-third — and do not follow the two-to-one pattern. Because the details depend on the family structure, it is best to consult before calculating on your own.

When full siblings are blocked (hijab)

Hijab means blocked: their inheritance right is not lost because they are not heirs, but because there are other heirs who are closer. For full siblings, the main blockers are:

1. The deceased's child. Whether a son, a daughter, or a combination of both. Even one daughter is enough to block siblings, even though that child only receives one-half.
2. The deceased's father. If the father is still alive, the father receives one-sixth (if there is a child) or receives the remainder, and the siblings receive nothing.

Grandfather and grandmother are not positioned as blockers in the model currently used by IndoWaris, and scholars indeed differ in opinion regarding the position of the grandfather relative to siblings. Likewise, substitute heirs under Article 185 of KHI: the grandchild of a sibling who died earlier has a separate path, which is also not yet modeled. For cases like this, ask the Religious Court or an expert who understands KHI in full.

Calculation examples you can check yourself

Example 1. Pak Hasan passes away. He leaves a wife, a mother, a full brother, and a full sister. There is no child and his father passed away earlier.

The wife receives one-quarter because there is no child. The mother receives one-sixth because the deceased leaves two or more siblings. The remainder belongs to the siblings in a two-to-one ratio.

Example 2. Bu Salma passes away, leaving a husband, a father, a mother, a son, and a full sister. The husband receives one-quarter because there is a child, the father one-sixth, the mother one-sixth, and the son receives the remainder. In a calculation per twenty-four: husband 6/24, father 4/24, mother 4/24, son 10/24 — totaling 24/24. The full sister is blocked twice: by the child and by the father, so she receives no share.

These two examples show something that often surprises families: the position of siblings can change completely because of just one birth or one death in the family.

Practical steps before dividing

1. Compile a list of who was alive at the time the deceased passed away — not at the time the estate begins to be divided.
2. Ensure the religious status and the presence or absence of a court ruling related to Article 173 of KHI for each prospective heir.
3. List the assets, debts, funeral costs, and will (maximum one-third) before calculating the shares.
4. Calculate the fixed shares first, then determine the remainder for the siblings as ashabah.
5. If the family agrees to settle through deliberation (tasaluh or takharuj), put the agreement in writing so as not to cause disputes in the future.

Calculating on your own can indeed be done, but the risk is great when the family structure branches out. IndoWaris can draw your family tree and calculate each heir's share transparently, so the results can be checked together before being brought to a notary, PPAT, or the Religious Court.