Common Mistakes When Calculating Inheritance Yourself and How to Avoid Them

Calculating Yourself Is Fine, As Long As You Know the Traps

After the deceased is buried and their debts are settled, the next question usually arises: how is the distribution? Many families choose to calculate it themselves and then discuss it in a family deliberation. This approach is not wrong, and often it actually better preserves harmony.

The problem is, faraid is not merely dividing equally or dividing according to agreement. An-Nisa 4:11 and 4:12 set certain shares explicitly, and in Indonesia these rules are summarized in the Compilation of Islamic Law (KHI) Book II, Articles 171–214. Here are the most common mistakes, so that your family's calculation results do not need to be corrected later.

Seven Most Common Mistakes

Dividing equally among all children. Sons and daughters receive a 2:1 ratio. If the inheritance is Rp 150 million and the heirs are two sons and one daughter, their shares are not Rp 50 million each, but Rp 60 million, Rp 60 million, and Rp 30 million.
Assuming daughters get nothing. This old assumption is wrong. A single daughter gets 1/2; two or more daughters (without sons) together get 2/3. Daughters become ashabah together with sons, with a 2:1 ratio.
Forgetting that the presence of children changes the shares of the spouse and parents. The husband gets 1/2 if there are no children and 1/4 if there are children. The wife gets 1/4 if there are no children and 1/8 if there are children, divided equally if there is more than one wife. The mother gets 1/3 if there are no children and no two or more siblings, and 1/6 if there are children. The father gets 1/6 if there are children. In the special case of gharrawain — husband or wife, mother, and father without children — the mother gets 1/3 of the remaining property, not 1/3 of the entire estate.
Counting people who are actually blocked. Full siblings are blocked by the deceased's children or by the father (Supreme Court jurisprudence). Grandchildren are blocked by a living son. Including them in the list automatically makes the remaining distribution wrong.
Forgetting substitute heirs. Article 185 of KHI provides that the descendants of an heir who died before the deceased may substitute his position, receiving the share of their deceased parent and dividing it 2:1 according to gender.
Mixing joint property with inheritance. Joint property (gono-gini) is separated first. Half is the right of the surviving spouse, and only the deceased's portion becomes inheritance.
Distributing before debts and will are settled. Funeral costs, debts, and will (at most one-third) are fulfilled first. Distributing the gross estate makes the final figures wrong.

Example: One Case, Two Ways of Calculating

Mr. Hasan (fictional name) died and left a wife, mother, two sons, and one daughter. After funeral costs, debts, and will are fulfilled, the inheritance ready for distribution amounts to Rp 240,000,000.

The wrong way: the property is divided equally into four, so the wife, mother, and each child get Rp 60 million. This ignores that the wife and mother are ashabul furudh with fixed shares, and only the remainder belongs to the children.

The correct way: first determine the fixed shares, then the remainder is given to the children as ashabah with a 2:1 ratio.

Heir	Basis	Share	Amount
Wife	1/8 because there are children	1/8	Rp 30,000,000
Mother	1/6 because there are children	1/6	Rp 40,000,000
First son	Remainder, 2:1	17/60	Rp 68,000,000
Second son	Remainder, 2:1	17/60	Rp 68,000,000
Daughter	Remainder, 2:1	17/120	Rp 34,000,000
Total		1	Rp 240,000,000

The amounts are exact: Rp 30 million + Rp 40 million + Rp 68 million + Rp 68 million + Rp 34 million = Rp 240 million. Note also that the mother does not get 1/3 here, because the deceased left children.

Checklist Before You Calculate

Ensure each heir is Muslim, because that is a condition to be an heir (Article 171 KHI), not one of the blockers in Article 173. Article 173 only blocks a person who is sentenced for killing, attempting to kill, or severely persecuting the deceased, or slandering them with a threat of five years or more imprisonment.
Record who is still alive at the time the deceased died, including prospective substitute heirs.
Mark who is blocked, for example siblings because of the presence of a child or father.
Separate joint property, then deduct funeral costs, debts, and will.
Determine the fixed shares first, then the remainder for ashabah 2:1.
Check the final total: the sum of shares must be exactly 100% of the inheritance.
Put the agreement in writing and, if necessary, obtain a certificate of inheritance.

If in Doubt, Seek Help Before Distributing

Some cases are indeed complicated: there is an heir who died after the deceased, there are grandchildren, there is property in the form of land and shares, or there is a dispute between families. For matters like this, consult the Religious Court (generally through an application for determination of heirs), a notary or PPAT for deeds and transfer of title, or a ustadz who understands faraid. Rules that have not been modeled, such as the maximum limit in Article 185 paragraph (2), grandparents, and distant relatives, should be discussed with an expert.

IndoWaris can help draw the family tree and calculate the shares of the heirs as material for deliberation, not as a substitute for legal advice. Once the numbers are clear, collect documents such as family card, death certificate, and proof of ownership, agree on the distribution with all heirs, then arrange its official registration. Just as important, do not delay without records: oral agreements easily change when generations change.