Islamic, Customary, and Civil Inheritance: What Is the Difference for a Muslim Family?
Understanding the basic differences between Islamic inheritance (faraid/KHI), customary inheritance, and civil inheritance in Indonesia, so that a family does not choose the wrong basis for distribution.
Why Do You Need to Know the Difference?
In Indonesia, the word “inheritance” can refer to three different frameworks: Islamic inheritance, customary inheritance, and general civil inheritance. For a Muslim family, this difference is not merely theory. Choosing the wrong basis for distribution can make the result inconsistent with sharia, trigger disputes, or complicate document processing later on. This article explains the broad outlines simply, not as a fatwa or legal advice.
Islamic Inheritance: Faraid and KHI
Islamic inheritance is sourced from the Qur’an, especially An-Nisa 4:11, 4:12, and 4:176. In Indonesia, the details are set out in the Compilation of Islamic Law (KHI) Book II Articles 171–214. Its main principle: the estate is distributed after debts, burial costs, and a valid will have been settled. A will to an heir has limits, and a will generally may not exceed one-third of the estate.
- There are fixed shares (furudh) for certain heirs, for example the husband, wife, father, mother, and children.
- Sons and daughters inherit in a 2:1 ratio.
- Heirs must be Muslim and not legally barred. Article 173 of KHI bars only an heir who is convicted of killing, attempting to kill, or severely maltreating the testator, or of accusing the testator of a crime punishable by five years or more.
- KHI also recognizes substitute heirs (ahli waris pengganti) under Article 185: grandchildren of a child who died earlier may take the place of their parent, with the shares among the substitutes allocated 2:1 according to sex.
In practice, siblings are barred from inheriting if the testator leaves children or a father. For Muslims, inheritance disputes are generally resolved in the Religious Court with reference to Islamic law and KHI.
Customary Inheritance: Diverse and Contextual
There is no single “Indonesian customary inheritance”. Each customary community has its own practices, influenced by patrilineal, matrilineal, or parental kinship systems. In some communities, ancestral property is not divided into individual ownership but managed jointly. Elsewhere, family deliberation and the position of particular children are highly determinative. Because of this, customary inheritance cannot be generalized.
For a Muslim family, custom can be a way of deliberating, preserving a sense of fairness, or managing joint property. However, custom does not replace the faraid shares that have been fixed. If there is tension between local custom and Islamic law, it is best to consult the Religious Court, a notary/PPAT, or an ustadz who understands both sides.
Civil Inheritance (KUHPerdata): The General Framework
The KUHPerdata or Burgerlijk Wetboek governs inheritance for the groups subject to it. This framework recognizes heirs by law and heirs by will. Its distribution is regulated according to classes of heirs, and it also recognizes a legitime (legitimate portion) for certain heirs. However, for Muslims, the KUHPerdata is not the primary reference in the distribution of inheritance. The reference is Islamic law as applied through KHI and Religious Court decisions.
Nevertheless, the KUHPerdata and land law remain relevant for administrative aspects, for example drafting deeds, transferring certificate titles, and processing land rights through a notary/PPAT and BPN. So, the basis for distribution of the inheritance and the documentary procedures need to be distinguished.
Brief Comparison Table
| Aspect | Islamic Inheritance | Customary Inheritance | Civil Inheritance |
|---|---|---|---|
| Main basis | Qur’an, KHI Book II | Custom of the local community | KUHPerdata |
| Heirs | Determined by blood relationship, marriage, Islamic requirement, and not being barred | Highly diverse according to the customary community | Determined by law and will |
| Size of shares | Furudh and residue (ashabah), children 2:1 | Depends on deliberation and custom | According to class and will provisions |
| Dispute resolution | Religious Court for Muslims | Customary deliberation, may proceed to court | District Court |
Illustration: One Estate, One Method of Calculation
Pak Rahmat died leaving a wife, one son, and one daughter. After debts and a valid will were settled, his net estate was Rp600 million. According to faraid, the wife receives 1/8 because there are children, namely Rp75 million. The remainder of Rp525 million is divided between the son and daughter in a 2:1 ratio: the son Rp350 million and the daughter Rp175 million. The total is exactly Rp600 million. If the family uses a customary or civil framework, the result may differ. Therefore, the legal basis should be agreed from the outset, before the estate is divided.
Practical Steps for a Muslim Family
- Establish from the outset that the distribution follows Islamic law and KHI, then record that agreement in a family deliberation.
- Collect the heirs’ data: death certificate, family card, marriage certificate, and identity documents.
- List all of the testator’s assets and debts honestly, including savings, land, vehicles, and receivables.
- Calculate the shares transparently. If necessary, seek expert assistance or use a tool that can show the basis of its calculation.
- For land documents and deeds, consult a notary/PPAT. For disputes or determination of heirs, file with the Religious Court.
IndoWaris can help map the family tree and calculate inheritance shares transparently, so that family deliberation proceeds more calmly. This article is general information; for concrete cases, still consult the Religious Court, a notary/PPAT, or a trusted ustadz.
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