The Position of Sons-in-Law and Daughters-in-Law in Islamic Inheritance: Not Heirs, but Able to Receive a Hibah

Why Are Sons-in-Law and Daughters-in-Law Often Considered Heirs?

In many families, a son-in-law or daughter-in-law helps care for the parents-in-law, assists with the family business, or lives in the same house for years. Because of that closeness, an assumption arises that a son-in-law or daughter-in-law automatically receives a share of the inheritance when the parent-in-law dies. This assumption feels socially natural, but it is not always in line with Islamic inheritance law in Indonesia.

It is important to separate two things: closeness and affection within the family, and legal status as an heir. A son-in-law or daughter-in-law may be deeply loved and have rendered great service, yet according to the Compilation of Islamic Law (KHI), a son-in-law or daughter-in-law is not an heir of the parent-in-law. This article explains why this is so, what can be done, and how to keep the distribution fair.

Who Is Meant by Son-in-Law or Daughter-in-Law and What Is Their Position?

A son-in-law or daughter-in-law is the spouse of our child. For example, the wife of our son, or the husband of our daughter. In inheritance, the person who has a direct marital relationship with the deceased is the deceased's husband or wife, not the husband or wife of the deceased's child.

Article 171 of KHI explains that an heir is a person who at the time of the deceased's death has a blood relationship or marital relationship with the deceased, professes Islam, and is not legally barred from becoming an heir. Blood relationship connects parents with children, grandchildren, siblings, and so on. Marital relationship connects husband with wife. A son-in-law or daughter-in-law is not included in either of those groups in relation to the parent-in-law.

The Qur'an, An-Nisa 4:11 and 4:12, regulates the shares of children, parents, husbands, and wives. Those verses do not mention a son-in-law or daughter-in-law as a recipient of a specified share. Therefore, in the distribution of inheritance, a son-in-law or daughter-in-law does not receive a fixed share (furudh) or the residue of the property by virtue of their status as a son-in-law or daughter-in-law.

A Simple Example: A Son-in-Law or Daughter-in-Law Does Not Receive an Inheritance Share

Pak Hasan has died. He left a wife, two sons, and a daughter-in-law, namely the wife of his eldest son. After the funeral costs, debts, and a valid wasiat are settled, his net inheritance is Rp240,000,000.

The distribution is as follows:

The total is exactly Rp240,000,000. The wife receives 1/8 because Pak Hasan left children. The two sons receive the residue of the property and divide it equally because both are male. The daughter-in-law is not included in the list of heirs, even though she remains part of the extended family.

If the Child Dies First: Grandchildren and Substitute Heirs

What often causes confusion is when a child dies before the parent. For example, Pak Hasan's son dies before Pak Hasan. Does the daughter-in-law then inherit? No. A son-in-law or daughter-in-law remains not an heir of the parent-in-law. However, the children of that deceased child may take the position of substitute heirs according to Article 185 of KHI.

Substitute heirs receive the share that should have been received by their parent who died earlier, and then that share is divided among them in a 2:1 ratio between males and females. If the grandchildren are still minors, their mother, who is the daughter-in-law, may manage and administer the children's share as guardian, but that property remains the property of the grandchildren, not the property of the daughter-in-law.

This is the important distinction: a son-in-law or daughter-in-law does not inherit, but may be the mother or guardian of the children who do inherit. The management must be carried out for the benefit of the children, preferably with orderly records and with the knowledge of the other family members.

Hibah and Wasiat: A Lawful Path for Sons-in-Law and Daughters-in-Law

Although not heirs, sons-in-law and daughters-in-law can still receive property from the parents-in-law through lawful means. First, through hibah, namely the granting of property while the giver is still alive. A hibah to a son-in-law or daughter-in-law is permitted, and it is preferable to record it and have it witnessed so as not to cause misunderstanding later. Second, through wasiat, namely a testamentary bequest of property that takes effect after the deceased's death. A wasiat to a non-heir is generally limited to a maximum of one-third of the inheritance and must not harm the heirs.

If a son-in-law or daughter-in-law has done much to care for the parents-in-law, the family may deliberate to give recognition through a hibah, a valid wasiat, or an amicable agreement among the heirs. However, that agreement must be made consciously, without coercion, and preferably consulted with a ustadz or the Religious Court (Pengadilan Agama) if it involves a large amount or land.

Practical Steps for the Family

• Distinguish clearly between a son-in-law or daughter-in-law and a direct heir. The deceased's husband or wife is an heir; the husband or wife of the deceased's child is not an heir.
• List the heirs based on KHI: children, parents, husband or wife, siblings under certain circumstances, and substitute heirs if they meet the requirements.
• Record hibah and wasiat from the outset, including their purpose and limits, so they do not conflict with the heirs' shares.
• If there are grandchildren whose parents died earlier, check the possibility of substitute heirs and calculate their shares carefully.
• For land or a house, consult the plan for hibah, wasiat, or distribution with a notary/PPAT or the Religious Court.

A son-in-law or daughter-in-law is not an heir, but that does not mean having no place in the family. By understanding the rules of KHI and the Qur'an, An-Nisa 4:11, 4:12, and 4:176, the family can distribute property correctly without damaging relationships. IndoWaris can help depict the family tree and calculate the heirs' shares, so that deliberation proceeds more transparently.

This article is general information, not a fatwa or legal advice. For complex cases, especially concerning wasiat, hibah, land, or family disputes, seek the opinion of the Religious Court, a notary/PPAT, or a trusted ustadz.