Inheritance According to Indonesia's Kompilasi Hukum Islam (KHI)

Warismatika’s fifth path, and the only one that is not a classical scholarly work but rather the positive law of the state: the Kompilasi Hukum Islam (KHI) used by the Pengadilan Agama in Indonesia. This bundle explains why this path exists, what its inheritance rules contain, and at which points it differs from the classical fiqh path of the Ahlussunnah scholars discussed in the other four paths.

Summary (TL;DR)

The KHI (an annex to Instruksi Presiden No. 1 Tahun 1991) is a formulation of Islamic law adopted as guidance for Pengadilan Agama judges. Its Book II, “The Law of Inheritance” (Pasal 171 to 214), takes over the classical faraidh framework but adds several rules resulting from Indonesian ijtihad that do not exist in the classical system, and changes the order of calculation by separating out the marital joint property first. The four most consequential differences: harta bersama (marital joint property, “gono-gini”) is deducted before the tirkah is divided, substitute heirs (Pasal 185), the obligatory bequest (wasiat wajibah) for adopted children/parents (Pasal 209), and the impediments of differing religion and of criminal acts formulated differently.

Warismatika presents this path not because it considers it stronger than classical fiqh, but because we live in Indonesia: if an inheritance division is legalized through the courts, it is the KHI that applies. Understanding the law of one’s own country matters, as does knowing exactly where it agrees with and where it departs from the opinions of the scholars.

Key points:

• The KHI is positive law, not a fatwa and not a school-of-law (madzhab) manual. Its force derives from the 1991 Inpres, not from the weighing of evidence.
• Before the inheritance is divided, the harta bersama is separated first (Pasal 96 to 97): the surviving spouse takes one-half of the marital joint property, and only the remainder becomes tirkah. This changes the base figure compared with the classical calculation.
• Substitute heirs (Pasal 185): a grandchild can take the place of a parent who died earlier. This is not recognized in the classical system and is the most hotly disputed point.
• Wasiat wajibah (Pasal 209): adopted children and adoptive parents who receive no inheritance are given an obligatory bequest of at most 1/3.
• The rest (fixed shares, ‘aul, radd) largely follows classical faraidh, so many cases produce the same figures.
• This site remains a learning tool, not a fatwa and not legal advice. For real cases, the decision rests with the Pengadilan Agama and the guidance of a qualified ustadz.

5W+1H

Question	Short answer	Chapter
What	The Book of Inheritance Law within the KHI: the state’s inheritance rules used by the Pengadilan Agama	02, 03
Why	Because we live in Indonesia; if an inheritance is legalized through the courts, the KHI is what applies	01
Who	Pengadilan Agama judges, the parties (the heirs), and the drafters of the KHI (scholars + the state, 1988 to 1991)	01, 02
When/Where	In force in Indonesia since 1991; applied when an inheritance dispute or legalization reaches the Pengadilan Agama	02
How	Separate the harta bersama → determine the heirs & impediments → distribute the furudh (similar to classical) → apply substitution/wasiat wajibah → ‘aul/radd if needed	04 to 08
Difference from classical	Marital joint property, substitute heirs, obligatory bequest, formulation of impediments	08

Concept map: how the KHI calculation works

flowchart TB
  classDef start fill:#374151,stroke:#9ca3af,color:#f3f4f6
  classDef core fill:#134e4a,stroke:#14b8a6,color:#ccfbf1
  classDef diff fill:#713f12,stroke:#ca8a04,color:#fef9c3
  classDef out fill:#1e3a8a,stroke:#3b82f6,color:#dbeafe
  H["The whole household property"]:::start --> HB["Separate the HARTA BERSAMA<br/>surviving spouse takes 1/2 (Pasal 96)"]:::diff
  HB --> T["Remainder = TIRKAH<br/>(− burial, debts, bequests)"]:::core
  T --> WW["Wasiat wajibah for adopted child/parent<br/>max 1/3 (Pasal 209)"]:::diff
  WW --> F["Divide among heirs<br/>furudh & 'ashabah (as in classical)"]:::core
  F --> AP["Substitute heirs<br/>grandchild steps up (Pasal 185)"]:::diff
  AP --> K["Correct: 'awl · radd (Pasal 190-193)"]:::core
  K --> D["Final division"]:::out

Yellow boxes = the three KHI-specific points not found in the classical paths. Details in chapter 08.

Reading order

1. Start with 01 Why the KHI path — the reason this bundle exists and the site’s stance toward it.
2. 02 and 03 — what the KHI is and its basic framework.
3. 04 to 07 — the four features distinctive to the KHI, one per chapter.
4. 08 — a full comparison table against the classical path.
5. 09 — cases worked through in full, including ones that show where the figures diverge.
6. 10 to 12 — the weighing, glossary, sources.

What to prepare

It is best to first understand the basics of classical faraidh (starting with the Ibn Uthaymin path), since the KHI is built on the same framework. This bundle highlights the differences, not a repeat of all the fundamentals.

Important note. This bundle explains the law as it is (the positive das Sollen), not a claim that the KHI is more correct than the opinions of the scholars. Some of its provisions are matters of debate among the Ahlussunnah, and these are discussed openly in chapter 10. This site is study material, not a fatwa and not legal advice.