Inheritance When the Deceased Leaves a Wife, Mother, and Two Sons

The Case Discussed

Pak Hasan has died. The surviving heirs are: Bu Aminah (wife), Mbah Sari (Pak Hasan's mother), and Rizky and Fajar (two sons). Pak Hasan's father died earlier. After the funeral expenses, debts, and a valid will have been fulfilled, the estate ready for distribution amounts to Rp240,000,000.

Before that figure is used, the joint property of Pak Hasan and Bu Aminah is separated first. Bu Aminah's share of the joint property is not part of the estate. What is distributed as inheritance is Pak Hasan's property after the joint property share is excluded. In this example, Rp240,000,000 is the net estate.

The question is simple: what are the shares of Bu Aminah, Mbah Sari, Rizky, and Fajar? This article discusses the order according to the Qur'an and KHI, then checks the calculation results.

Who Inherits and Who Does Not

According to KHI Book II, 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 barred by the provisions of Article 173. Article 173 only bars an heir who has been criminally convicted of killing, attempting to kill, or severely abusing the deceased, or of falsely accusing the deceased of a crime punishable by five years or more.

In Pak Hasan's case, the heirs are:

Bu Aminah, wife, because the valid marriage was still ongoing when Pak Hasan died.
Mbah Sari, mother, because of a direct blood relationship.
Rizky and Fajar, sons, because of a direct blood relationship.

Pak Hasan's siblings, if any, do not receive a share because there is a son. According to Islamic inheritance law as guided by KHI, a child bars a sibling. Pak Hasan's father is also not included because he died earlier. Heirs must be Muslim; this requirement attaches to the heir personally and is not among the bars under Article 173.

The Shares of the Wife and Mother

Bu Aminah receives 1/8 because Pak Hasan left a child. The legal basis is Qur'an An-Nisa 4:12, which regulates the share of a husband or wife when there is a child. The wife receives 1/4 if there is no child, and 1/8 if there is a child. If a husband has more than one wife, that 1/8 share is divided together among the wives; in this example Bu Aminah is the only wife.

Mbah Sari receives 1/6 because Pak Hasan left a child. The legal basis is Qur'an An-Nisa 4:11. The mother receives 1/6 if the deceased leaves a child or two or more siblings, and receives 1/3 if there is no child and the number of siblings is fewer than two. Here the mother receives 1/6 because there is a child.

Heir	Share	Calculation from Rp240,000,000
Bu Aminah (wife)	1/8	Rp30,000,000
Mbah Sari (mother)	1/6	Rp40,000,000

The shares of the wife and mother are fixed shares called furudh. Neither takes the residue first; the residue is only considered after these fixed shares are deducted.

The Shares of the Two Sons

After the shares of the wife and mother are deducted, the remaining property is Rp240,000,000 minus Rp30,000,000 and Rp40,000,000, namely Rp170,000,000. This residue becomes the share of Rizky and Fajar as sons. In inheritance terminology, a son becomes a residuary heir (ashabah), that is, the recipient of the residue after the furudh.

Because Rizky and Fajar are both male, the residue is divided equally: each receives Rp85,000,000. If there were a daughter together with a son, the division would be different: a son and a daughter receive a 2:1 ratio. If there is only one son, the entire residue becomes his share.

Heir	Share	Amount
Bu Aminah	1/8	Rp30,000,000
Mbah Sari	1/6	Rp40,000,000
Rizky	Residue divided by two	Rp85,000,000
Fajar	Residue divided by two	Rp85,000,000
Total		Rp240,000,000

This result is exact: Rp30,000,000 + Rp40,000,000 + Rp85,000,000 + Rp85,000,000 = Rp240,000,000. If the value of the property is different, use the same ratio, then round it by family agreement if fractional figures appear.

Checking and Practical Steps

Before setting the final figures, check the following:

Make sure the order of deaths and the marital status are clear. The wife inherits because the marriage was still ongoing when the husband died.
Separate the joint property before calculating the inheritance. The joint property is not entirely owned by the deceased.
Fulfill the funeral expenses, debts, and valid will before the property is divided.
List all heirs, including those who may be barred. Do not count only those present at the deliberation.
Calculate the fixed shares first, then determine the residue for the ashabah.
Check the final total: the sum of all shares must equal the net estate.

If a dispute arises or some heirs do not agree, the family may request a determination of heirs (penetapan ahli waris) through the Religious Court (Pengadilan Agama). For land and buildings, the transfer of title (balik nama) step should be consulted with a notary or PPAT. For complicated cases, seek the opinion of an ustadz who understands faraid and of family law practitioners.

Next Steps

Pak Hasan's example shows a pattern that often occurs: the wife receives 1/8 because there is a child, the mother receives 1/6 because there is a child, and two sons divide the residue. This pattern does not change merely because the property is in the form of money, a house, or rice fields; what changes is the way it is valued and divided.

The next practical step: collect the family documents, record the property and debts, then compile the genealogy of the heirs. IndoWaris can help draw the family genealogy and calculate inheritance shares transparently, so that the results are easier to check together with the family.

This article is general information, not a fatwa or legal advice. For binding decisions, consult the Religious Court, a notary or PPAT, and an expert who understands faraid.