Who Are the Heirs According to KHI and What Is Their Order
KHI regulates who is entitled to inherit: through blood relation or marriage, being Muslim, and not legally barred. See the order of priority, barriers, and examples.
Heirs: Definition According to KHI
In the Compilation of Islamic Law (KHI) Book II, Article 171 letter b, heirs are persons who at the time the deceased (pewaris) dies have a blood relationship or marital relationship with the deceased, are Muslim, and are not legally barred from becoming heirs.
This definition contains three important things at once. First, the basis of the relationship must be clear: blood or marriage. Second, being Muslim is a requirement to become an heir, not one of the barriers in Article 173. Third, a person may be entitled by lineage but still not receive because they are legally barred.
It should be understood that Article 173 KHI mentions only limited barriers: an heir who is blamed for having killed, attempted to kill, or severely abused the deceased, or who has slandered the deceased for committing a crime punishable by five years or more.
Two Groups of Heirs: Blood Relationship and Marital Relationship
Article 174 paragraph (1) KHI divides heirs into two major groups. The first is heirs through blood relationship, consisting of the male group and the female group. The second is heirs through marital relationship, namely widower or widow.
- Children — sons and daughters, the main recipients in almost all cases.
- Father and mother — the parents of the deceased.
- Grandchildren from sons — entitled in certain circumstances, and may become substitute heirs according to Article 185 KHI.
- Paternal grandfather and grandmother — entitled if the father or mother has died earlier.
- Full siblings, paternal half-siblings, and maternal half-siblings — both male and female, provided there is no barrier.
In religious court practice, siblings (full or paternal half) are barred by the existence of children and are barred by a father who is still alive. So do not be surprised if in many families, the full siblings of the deceased receive no share at all even though in lineage they are close.
When All Heirs Are Present: Article 174 Paragraph (2)
This is the part most often asked about. Article 174 paragraph (2) KHI states that if all heirs are present, then those entitled to receive the inheritance are only children, father, mother, widower or widow.
This means that the presence of children makes more distant relatives — grandchildren, siblings, grandfather, grandmother, uncle — no longer receive a share, except in special circumstances regulated separately.
The amount of their shares follows the furudh (predetermined shares) in the Qur'an, among others An-Nisa 4:11, 4:12, and 4:176:
| Heir | Share | Note |
|---|---|---|
| Husband | 1/2 | Without children; becomes 1/4 if there are children |
| Wife | 1/4 | Without children; becomes 1/8 if there are children, shared together if more than one |
| Single daughter | 1/2 | If there are no sons |
| Two or more daughters | 2/3 | Divided equally; if there are sons, the ratio is 2:1 |
| Father | 1/6 | If there are children |
| Mother | 1/6 or 1/3 | 1/6 if there are children or two or more siblings; 1/3 if none |
The gharrawain case — when the mother receives 1/3 of the remainder after the husband's or wife's share — is a special circumstance that should be calculated carefully.
Those Barred and Those Substituting
In addition to the barriers in Article 173, there are barriers due to position (hijab). Sons bar grandchildren. Children and father bar siblings. Grandfather may be barred by father.
On the other hand, Article 185 KHI recognizes substitute heirs: a grandchild whose parent died earlier may take the share that should have been received by their parent, then it is divided among them with a 2:1 ratio between male and female. If an heir themselves dies before the estate is divided, their share transfers to their own heirs, commonly called chain inheritance (munasakhah).
It should be noted that grandfather, grandmother, and distant relatives are not yet calculated automatically by many inheritance tools, including the maximum limit commonly associated with Article 185 paragraph (2). For cases like this, it is best to calculate manually or consult.
Simple Example
Mr. Surya died with a net inheritance of Rp480,000,000. He left behind a wife (Mrs. Aminah), his mother, two sons, and three full siblings.
Because there are children, then according to Article 174 paragraph (2), those entitled are the wife, mother, and the two children. The three full siblings receive no share because they are barred by children — and would also be barred by the father if the father were still alive.
- Wife: 1/8 × Rp480,000,000 = Rp60,000,000
- Mother: 1/6 × Rp480,000,000 = Rp80,000,000
- Remainder: Rp340,000,000 for the two sons, each Rp170,000,000
The total is Rp60,000,000 + Rp80,000,000 + Rp170,000,000 + Rp170,000,000 = Rp480,000,000, exactly used up with no remainder.
Practical Next Steps
- Make a list of all living relatives and their relationship to the deceased.
- Mark who is Muslim and who is barred according to Article 173.
- Check whether there are children, father, mother, and spouse, because they are the ones given priority.
- Ensure debts, funeral expenses, and wills have been settled before distribution.
- Calculate each person's share, then write it down in a written family agreement.
If your family tree is quite large, IndoWaris can help draw the family tree and calculate the heirs' shares automatically, so the results are easier to check together.
For complicated cases — there are substitute heirs, chain inheritance, or family disputes — it is best to consult the Religious Court, a notary/PPAT, or a ustadz you trust. This article is general information, not a fatwa and not legal advice.
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