Before entering the inheritance rules, we need to know what sort of thing “the KHI” actually is, where it came from, and how binding it is.
A short definition
The Kompilasi Hukum Islam (KHI) is a collection of Islamic-law formulations compiled in Indonesia as guidance for Pengadilan Agama judges in deciding cases. It consists of three books:
- Book I — The Law of Marriage (including the rules on harta bersama, which matter for inheritance).
- Book II — The Law of Inheritance (Pasal 171 to 214) — the core of this bundle.
- Book III — The Law of Endowment (Wakaf).
Where its force comes from
The KHI is not a statute debated in parliament. It was put into force through Instruksi Presiden (Inpres) Nomor 1 Tahun 1991, dated 10 June 1991, then disseminated by Keputusan Menteri Agama Nomor 154 Tahun 1991.
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C -.-> F["Note: in the form of an Inpres, not a statute"]:::note
This “Inpres” status is important and often discussed by experts: because it is not a statute, in terms of legal hierarchy the KHI does not sit at the top of the ranking of regulations. In practice, however, Pengadilan Agama judges treat it as their primary reference, and their rulings are reinforced by the jurisprudence of the Mahkamah Agung (Supreme Court). So although its form is “only” an instruction, its impact is real: it is the rule that determines the outcome in the courtroom.
How the KHI was drawn up
The text was formulated through a long study: examining fiqh works across the schools of law, gathering the jurisprudence of the religious courts, and a scholars’ workshop in 1988. The result is not a copy of a single madzhab, but a set of choices (ijtihad) deemed most fitting for the Indonesian context. Most of it follows the Syafi’i school dominant across the archipelago, but several articles adopt other opinions or formulate something new with no classical precedent (such as the substitute heir).
The scope of Book II (Inheritance)
The Book of Inheritance Law regulates, in broad terms:
- General provisions & definitions (Pasal 171): who is the deceased, the heir, the tirkah, and so on.
- Conditions & impediments (Pasal 172 to 173): the heir’s being Muslim and the causes of being barred.
- Heirs & the size of shares (Pasal 174 to 182): the categories of heirs and their furudh figures.
- Special rules (Pasal 183 to 193): reconciliation, substitute heirs, ‘aul, radd, gharrawain.
- Bequests (Pasal 194 to 209): including the wasiat wajibah for adopted children/parents.
- Gifts (Hibah) (Pasal 210 to 214): and their bearing on inheritance.
What to keep in mind
- The KHI is positive law: it applies because the state enforces it, not because it won a debate over the evidence.
- Its overall framework is classical faraidh; most of the fixed-share figures are exactly the same as those studied in the other four paths.
- The differences are concentrated in a few articles, and those are the focus of the following chapters.
Sources: Inpres No. 1 Tahun 1991; KMA No. 154 Tahun 1991; academic studies of Indonesian Islamic inheritance law. Details in chapter 12.