How to Calculate Inheritance in Islam

Disputes over inheritance are a common source of tension within families after a parent passes away. This often happens because the parents left no written will, so how the estate should be shared among the heirs becomes unclear. That is why it is so important to understand how inheritance is calculated.

Discussions about inheritance are indeed a sensitive subject in human life. In fact, they can become a trigger for division within families. To keep family relationships from breaking apart over inheritance, the estate needs to be divided fairly.

How to Calculate Inheritance

What is the correct way to calculate an inheritance? These are the steps to follow:

• First, calculate the total value of the estate that was left behind.
• Second, determine the share of each heir.
• Third, determine the base of the problem (asal masalah), which is the smallest common multiple of all the denominators.
• Fourth, determine the portion (siham), the value obtained by multiplying the base of the problem by each heir's fixed share.

An example of the calculation is as follows:

• If a husband passes away and is survived by his mother, father, wife, and three children (1 son and 2 daughters), then the father and mother each receive 1/6, the wife receives 1/8, and the remainder goes to the children, with a 2:1 ratio for each son and daughter.
• Another example: if a father passes away and his heirs are three sons, each will receive 1/3, or the estate can simply be divided into three equal parts.
• If a mother passes away and her heirs are her husband, her own mother, and one son, then the husband receives 1/4, her mother receives 1/6, and the remainder goes to the son.

The Laws Governing Islamic Inheritance Law in Indonesia

As is well known, the majority of people in Indonesia are Muslim. As a result, many people choose to apply Islamic inheritance law when writing their wills.

Beyond that, Indonesians apply Islamic inheritance law because it is guided by the Qur'an and the Hadith. It is therefore not surprising that people prefer laws that derive from Islamic sharia.

In this way, it is hoped that you can achieve justice and happiness in this world and in the hereafter. Islamic inheritance law does not only concern how a testator divides their property. It also addresses the rules for transferring the assets left behind by a deceased person.

There are several ways in which property is transferred from the testator to the heirs, one of which is through a bequest (wasiat). In Surah Al-Baqarah verse 180, it is explained that making a bequest is an obligation for those who are mindful of God (Allah SWT).

It can be said that a bequest is a statement of a person's wishes regarding how their wealth should be distributed to their heirs after they die. This is done by the testator before their death. Surah An-Nisa verses 11-12 also explain the provisions of Islamic inheritance law.

The position of a bequest is very important, so it must be carried out before the estate is distributed to the heirs. The matters governing bequests in the Compilation of Islamic Law (KHI) can be found in Chapter V, Articles 194 to 209.

Some of its contents are as follows:

• Articles 194 to 208 regulate ordinary bequests, while Article 209 regulates special bequests intended for adoptive parents and adopted children.
• Article 195 explains two forms of bequest: oral and written. Both forms are considered valid if witnessed by at least two witnesses.
• The KHI regulates the giving of bequests, stating that the distribution of inherited property is limited to a maximum of 1/3 of the testator's property. However, a distribution exceeding 1/3 is possible if the heirs agree to it.
• The purpose of this limit on bequests is to protect every heir and to prevent fraudulent practices that could harm the heirs.

Classification of Heirs by Blood Relation

So, how are heirs classified by blood relation? The male group consists of the father, son, brother, uncle, and grandfather. The female group consists of the mother, daughter, sister, and grandmother. The details are as follows:

1. Inheritance for a Daughter

If a daughter is the only child, she receives 1/2 of the estate. However, if there are two or more daughters, they all receive 2/3 together.

2. Inheritance for a Wife or Widow

Under Islamic law, a wife receives 1/2 of the joint property with her husband if there are no children. If there are children, the wife receives 1/8, and the remaining portion is shared among the wife and children in equal amounts for each individual.

3. Inheritance for a Father

Islamic inheritance law also regulates the distribution of the estate to the father. The amount is quite substantial: the testator's father receives 1/3 of the total estate left by the testator or his child.

However, this applies only when the deceased has no son. If the deceased has descendants, the father's share becomes smaller, around 1/6.

4. Inheritance for a Mother

The mother of the deceased is also entitled to an inheritance. In this case, the mother receives 1/3 of the total estate left by the deceased if there are no descendants.

However, if there are descendants, the mother receives only 1/6. This applies when the mother is no longer together with the father. If they are still married, the mother receives only 1/3 of the wife's share.

5. Inheritance for a Son

Under Islamic inheritance law, a son receives a larger share than a daughter. His share is twice that of a daughter. However, if the son is the only child, he receives 1/2 of the estate.

Classification of Heirs Under Islamic Law

Under the KHI's classification of heirs based on Islamic inheritance law, there are three types:

1. Dzawil Furudh

Dzawil Furudh are the heirs who receive fixed shares of the estate. This group consists of daughters, father, mother, husband (widower), wife (widow), maternal brothers or sisters, and full sisters.

2. Dzul Qarabat

Dzul Qarabat are heirs who receive shares that are not fixed. Generally, they receive inheritance only from the remaining portion after the dzul faraid heirs have been paid. This group consists of daughters and sons.

3. Dzul Arham

The third group is Dzul Arham, which refers to distant relatives. This group can receive an inheritance only if there are no dzul qarabat or dzul furudh heirs.

From the explanation above, it is clear that calculating inheritance under Islamic law is not difficult. There is also the division of inheritance under civil law. Follow the steps and explanations above so that the estate can be shared fairly among the heirs.

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