This chapter answers one question before all others: why does a site about faraidh according to the Ahlussunnah scholars need to present the path of state law?
Because we live in Indonesia
The other four paths in Warismatika (Ibn Uthaymin, al-Fauzan, ar-Rahabi, ash-Shinqithi) are fiqh: the division of inheritance as concluded by the scholars from the Qur’an and the Sunnah. That is religious law, valid wherever a Muslim happens to be.
But when an inheritance is disputed or needs to be legally validated in Indonesia, the one who decides is not a fiqh manual but the Pengadilan Agama, using the Kompilasi Hukum Islam (KHI) as its guidance. An Indonesian Muslim may compute the inheritance correctly according to classical fiqh, then be surprised when the court’s ruling gives a different figure. That gap is not a calculation error; it arises because they are two different systems.
The KHI path exists so that this difference does not come as a shock. We need to know the law of our own country: how it reads, where its force comes from, and at which points it agrees with or departs from the opinions of the scholars.
The difference between “religious law” and “state law”
A fundamental distinction to hold from the outset:
flowchart LR
classDef fikih fill:#134e4a,stroke:#14b8a6,color:#ccfbf1
classDef negara fill:#1e3a8a,stroke:#3b82f6,color:#dbeafe
subgraph F["Classical fiqh (the 4 other paths)"]
F1["Source: Qur'an & Sunnah"]:::fikih
F2["Concluded by: the scholars (ijtihad)"]:::fikih
F3["Force: the truth of the evidence"]:::fikih
end
subgraph N["KHI (this path)"]
N1["Source: fiqh + Indonesian ijtihad"]:::negara
N2["Formulated by: scholars + the state (1988-1991)"]:::negara
N3["Force: Presidential Instruction 1991"]:::negara
end
- Classical fiqh answers: “What is Allah’s ruling in this case according to the strongest evidence?” The answer can differ between scholars, and that difference is legitimate as long as it rests on evidence.
- The KHI answers: “Which rule will the state apply when a case reaches the courts?” The answer is uniform because it is enforced as positive law, even though some of its rules are a particular ijtihad choice rather than the consensus of all scholars.
Both proceed from the same source (the Qur’anic faraidh), so most of their results are the same. What to watch for are the points where the KHI takes its own road.
Where the KHI differs from the classical path
Four major differences, discussed one by one in this bundle:
| Point | Classical fiqh | KHI | Chapter |
|---|---|---|---|
| Marital joint property | No concept of gono-gini; the deceased’s entire estate becomes tirkah | The harta bersama is separated first; the surviving spouse takes 1/2, and only the remainder becomes tirkah | 04 |
| Grandchild when the parent died earlier | Excluded (mahjub) by an uncle/other closer heir | Steps up to take the parent’s place as a substitute heir | 06 |
| Adopted child/parent | Does not inherit (lineage does not transfer) | Given an obligatory bequest (wasiat wajibah) of at most 1/3 | 07 |
| Impediments | Differing religion, killing, slavery | Differing religion (via the requirement of being Muslim), certain criminal acts established by a judge’s ruling | 03 |
Warismatika’s stance toward this path
Presenting the KHI does not mean this site regards it as more correct than the opinions of the scholars. Its stance is clear:
- Descriptive, not prescriptive. This bundle explains the law as it is in Indonesia, so the reader understands it and is not caught off guard. It does not call for abandoning the scholars’ opinions.
- Honest about disagreement. The KHI rules that are debated among the Ahlussunnah, above all the substitute heir, are named as they are, as contested matters, complete with the reasoning of both sides (see chapter 10).
- Still not a fatwa. For a real division, the decision rests with the Pengadilan Agama (on the legal side) and the ustadz and masyayikh of the Ahlussunnah (on the religious side). This site only helps with learning.
The gist: we study the KHI not to replace fiqh, but to be legally literate about our own country — to know what the court will rule, and to be able to compare it honestly against what the scholars teach.
Sources: Instruksi Presiden No. 1 Tahun 1991; Kompilasi Hukum Islam Book II. Details in chapter 12.