The Gharrawain Case: The Mother's One-Third Share of the Remaining Estate
When the deceased leaves only a spouse, mother, and father, the mother does not take one-third of the entire estate, but one-third of the remainder. Here is the explanation, conditions, and calculation example.
What Is the Gharrawain Case?
In Islamic inheritance, the mother usually receives one-third (1/3) if the deceased leaves no child and leaves no two or more siblings. However, there is one special situation that in fiqh literature is called gharrawain or umariyyatain: the deceased leaves only a spouse (husband or wife), mother, and father, with no other heirs. In this situation the mother does not take 1/3 of the entire estate, but 1/3 of the remainder of the estate after the spouse's share is deducted.
The term umariyyatain in fiqh books is attributed to the decision of Umar bin Khattab r.a. on two cases of this kind, and that opinion was later followed by the majority of scholars. For a family that is calculating, the point is simple: there is one situation in which the mother's share changes, and it is very important to recognize it before dividing the numbers.
The Basic Rule for the Mother's Share in Inheritance
Before going into the special case, remember the general rule first. The mother's share is determined by which heirs are present:
- 1/6 if the deceased leaves a child (Qur'an An-Nisa 4:11).
- 1/6 if the deceased leaves no child, but leaves two or more siblings.
- 1/3 if there is no child and no two or more siblings.
- 1/3 of the remaining estate if the heirs are only a spouse, mother, and father — this is the gharrawain case.
So, the number 1/3 still appears, but the basis of calculation is different: not from the entire estate, but from the estate remaining after the husband's or wife's share is taken.
The Two Classic Cases and Calculation Examples
Suppose the inheritance has already been cleared of funeral costs, debts, and wills, with a value of Rp600,000,000. The following names are examples only.
Case 1: Wife dies, heirs are husband, mother, and father
| Heir | Basis | Share | Value (Rp) |
|---|---|---|---|
| Husband | 1/2 (no child) | 1/2 | 300,000,000 |
| Mother | 1/3 of the remainder | 1/6 | 100,000,000 |
| Father | Remainder | 1/3 | 200,000,000 |
| Total | 1 | 600,000,000 |
How to calculate: the husband takes 1/2 = Rp300,000,000, leaving Rp300,000,000. The mother receives 1/3 of Rp300,000,000 = Rp100,000,000, and the father receives the remainder, Rp200,000,000.
Case 2: Husband dies, heirs are wife, mother, and father
| Heir | Basis | Share | Value (Rp) |
|---|---|---|---|
| Wife | 1/4 (no child) | 1/4 | 150,000,000 |
| Mother | 1/3 of the remainder | 1/4 | 150,000,000 |
| Father | Remainder | 1/2 | 300,000,000 |
| Total | 1 | 600,000,000 |
The wife takes 1/4 = Rp150,000,000, leaving Rp450,000,000. The mother receives 1/3 of Rp450,000,000 = Rp150,000,000, and the father receives the remainder, Rp300,000,000.
Why Is the Mother Not Taken as 1/3 of the Entire Estate?
If the mother directly took 1/3 of the entire estate in the two cases above, the father's share could become smaller than the mother's share. Yet the father in this arrangement receives the remainder of the estate (residuary heir (ashabah)) and bears the obligation of family maintenance. By taking 1/3 of the remainder, the result is that the father's share becomes twice the mother's share, and the division feels more balanced.
It should be noted that the scholars differ in opinion. The majority of scholars (Hanafi, Maliki, Syafi'i, and Hanbali) follow the gharrawain method as in the example above. Some other scholars, among them Ibn Abbas, hold that the mother still receives 1/3 of the entire estate. The Compilation of Islamic Law (KHI) Book II does not regulate this case in detail, so in practice in Indonesia the reference commonly used is the opinion of the majority of scholars. Because there is a difference of opinion, for concrete cases it is best to consult the Religious Court or a trusted ustadz.
When Does Gharrawain Not Apply?
This case is narrow. Check the following list before using it:
- There is a child or descendant who becomes an heir → the mother receives 1/6, not 1/3 of the remainder.
- There are two or more siblings of the deceased → the mother receives 1/6.
- The father or mother is absent (for example, the mother has died earlier) → this is not a gharrawain case.
- There are other heirs besides the spouse, mother, and father → return to the general rule.
- The estate has not been reduced by funeral costs, debts, and wills → clear it first before calculating.
As a comparison: if the wife dies leaving a husband, mother, father, and one son, then the husband gets 1/4, the mother 1/6, the father 1/6, and the son receives the remainder 5/12. The total is 3/12 + 2/12 + 2/12 + 5/12 = 1. Here the mother uses 1/6 because there is a child, not 1/3 of the remainder.
Practical Steps for the Family
- Clear the estate: funeral costs, debts, then wills up to a maximum of 1/3.
- List all heirs and ensure they meet the requirements to be heirs, including being Muslim (KHI Article 171).
- Determine whether the composition of heirs is only spouse, mother, and father. If yes, use the gharrawain method.
- Calculate the shares, then check whether the total is exactly 1. If there are complicated fractions, round them by deliberation.
- Put the agreed result in writing and, if necessary, consult the Religious Court, a notary, or a PPAT for land matters.
Calculating manually is indeed possible, but it is prone to error in a case as special as gharrawain. IndoWaris can draw your family tree and calculate the shares of the heirs automatically, so the numbers used can be checked together before being brought to a family deliberation.
This article is general information, not a fatwa or legal advice. For an ongoing inheritance case, seek the opinion of the Religious Court, a notary/PPAT, or an ustadz you trust.
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