Inheritance When There Are Non-Muslim Heirs: Their Status and Share

A Case That Often Arises in Families

Mr. Hartono died leaving a house and savings worth Rp480,000,000. He had a wife (Mrs. Aminah), a mother (Mrs. Siti), and one son (Rizky). Mr. Hartono's father, Mr. Darmo, was still alive but had long followed a religion other than Islam. Their relationship remained warm; Mr. Darmo even helped care for Mr. Hartono when he was ill.

When the family began discussing the distribution of the estate, two questions arose that almost always come up in situations like this: does Mr. Darmo still receive a share as father, and does the presence of a non-Muslim relative reduce the shares of the Muslim heirs? The short answer: a non-Muslim relative does not inherit, and he also does not reduce the shares of the Muslim heirs. Let us set out the basis.

Legal Basis: Being Muslim as a Requirement for an Heir

In the Compilation of Islamic Law (KHI) Book II, the requirements for being an heir are not only about blood relationship or marital relationship. There is one additional requirement that is fundamental:

Article 171 letter b of KHI: An heir is a person who at the time of the deceased's death has a blood relationship or marital relationship with the deceased, is Muslim, and is not legally barred from becoming an heir.

So there are three elements that must all be met at once: family relationship, being Muslim, and not being subject to a bar. A relative who is not Muslim fails the second element, so he is not included in the list of heirs from the outset.

This must be distinguished from Article 173 of KHI. That article regulates bars to becoming an heir, namely an heir who is convicted of killing, attempting to kill, or severely maltreating the deceased, or of accusing the deceased of a crime punishable by five years or more. A non-Muslim is not included among the bars in Article 173; he does not become an heir because he does not meet the requirement in Article 171 letter b. This distinction is legally important, although the practical result is the same: no share of the inheritance.

The further consequence must also be understood: because he is not an heir, a non-Muslim relative does not exclude (hijab) anyone. He does not "consume" the portions of his Muslim siblings, and his existence does not change the amount of the fixed shares (furudh) of the other heirs.

What a Non-Muslim Relative Can Still Receive

Not inheriting does not mean not being allowed to receive anything. There are two permissible routes:

Will (wasiat). A person may make a will in favor of anyone, including a non-Muslim relative, with a maximum limit of one-third of the inheritance. The will is carried out after debts and funeral costs are settled, and only after that is the estate distributed to the heirs.
Gift (hibah) during lifetime. A gift made while the deceased was still healthy and the property was still entirely his is not subject to the one-third limit. Such a gift is not counted as inheritance, although ethically the family should still maintain fairness so as not to create a sense of injustice among the children.

In addition, there is the discussion of mandatory will (wasiat wajibah) which in KHI is linked to adopted children and adoptive parents (Article 209). Can a mandatory will be given to a non-Muslim relative who is in fact an heir? Here the opinions of scholars and judicial practice are not uniform. Some hold that it cannot, because the requirements for an heir still apply; others see it as a path to justice in certain cases. Because there is no single answer that applies to all situations, the safest step is to consult the Religious Court (Pengadilan Agama) or a religious teacher (ustadz) who understands your case in full.

Calculation Example: A Father of a Different Religion

Back to Mr. Hartono's family. The estate is Rp480,000,000. The heirs who meet the requirements: wife, mother, and one son. Mr. Darmo is not an heir.

Heir	Basis of share	Share	Value (Rp)
Wife (Mrs. Aminah)	1/8 because there is a child	1/8	60,000,000
Mother (Mrs. Siti)	1/6 because there is a child	1/6	80,000,000
Son (Rizky)	Residue (residuary heir (ashabah))	residue	340,000,000
Total			480,000,000

The figures are exact: 60,000,000 + 80,000,000 + 340,000,000 = 480,000,000. Note that Rizky's share becomes larger because his father is not an heir. If Mr. Darmo were Muslim, he would receive 1/6 (Rp80,000,000) and Rizky's share would be Rp260,000,000.

If Mr. Hartono wanted to still give something to his father, he could use a will (wasiat), for example one-third of the estate, provided the will is made validly and agreed upon. However, a will reduces the estate before distribution, so the shares of the heirs adjust accordingly. Therefore, recalculate before the deed is made.

When There Is Not a Single Muslim Heir

This situation is rare, but it can happen. In fiqh literature, if a person dies without leaving any Muslim heir at all, his property is directed to the Baitul Mal for the benefit of the community. In practice in Indonesia, such a matter usually requires a court determination, and non-Muslim relatives do not automatically become owners of the property merely because of a blood relationship. Because the case is unusual, do not decide on your own; request a determination through the Religious Court so that the status of the property is clear and does not give rise to a dispute later.

What is also often asked: what if an heir changes religion after the distribution has not yet been carried out? The status at the time of the deceased's death is the reference. Therefore, the time of death and the religious status of each relative must be recorded carefully in the certificate or determination of heirs.

Practical Steps for the Family

First list all relatives who potentially become heirs, complete with each one's religious status. This avoids calculation errors from the outset.
Separate three things: debts and funeral costs, the will (if any), then the inheritance to be distributed.
Calculate the shares of the heirs who meet the requirements without reducing anything because of the presence of non-Muslim relatives.
Discuss the route of a will or gift openly if you want to still give to a non-Muslim relative, and ensure the one-third limit is observed.
Consult the Religious Court, a notary/PPAT, or an ustadz if there is a mandatory will (wasiat wajibah), a relative who changes religion, or no Muslim heir at all.
Maintain family propriety. Differences in inheritance shares must not become a reason to sever ties; the obligation to be dutiful to parents and to love siblings remains in force.

Calculating inheritance in cases like this is indeed easy to get wrong, especially because one name that should not be on the list can change the entire calculation. IndoWaris can help draw the family tree and calculate the shares of the heirs transparently, so the family can deliberate with clear figures. Please note, this article is general information, not a fatwa or legal advice; for binding decisions, a determination from the competent authority is still required.