This is where the KHI is closest to classical faraidh: the categories of heirs and their fixed-share figures are almost entirely the same. This chapter summarizes them while flagging the small differences.
Categories of heirs (Pasal 174)
The KHI lists heirs by blood relationship and by marriage:
- By blood — male: father, son, brother, uncle, and grandfather.
- By blood — female: mother, daughter, sister, and grandmother.
- By marriage: the widower (husband) or widow (wife).
When all are present, those who definitely receive are: children, father, mother, widower/widow (Pasal 174 paragraph 2). The rest may be blocked by a nearer relative, following rules of hajb (exclusion) similar to the classical ones.
Fixed shares (furudh)
These figures are identical to those studied in the classical tradition:
| Heir | Share | Pasal | Brief condition |
|---|---|---|---|
| Daughter | 1/2 (one); 2/3 (two+); or ‘ashabah 2:1 if there is a son | 176 | |
| Father | 1/6 if there is a child; ‘ashabah/residue if there is no child | 177 | |
| Mother | 1/6 if there is a child or 2+ siblings; 1/3 if not | 178 | |
| Widower (husband) | 1/2 if there is no child; 1/4 if there is a child | 179 | |
| Widow (wife) | 1/4 if there is no child; 1/8 if there is a child | 180 | divided equally if more than one |
| Sibling (kalalah) | maternal 1/6 (one) / 1/3 (two+); full/paternal 1/2, 2/3, or ‘ashabah | 181-182 | when there is no child & no father |
flowchart LR
classDef half fill:#134e4a,stroke:#14b8a6,color:#ccfbf1
classDef q fill:#1e3a8a,stroke:#3b82f6,color:#dbeafe
classDef six fill:#713f12,stroke:#ca8a04,color:#fef9c3
A["1/2 · 1/4 · 1/8"]:::q --> A1["spouse & lone daughter"]:::q
B["2/3 · 1/3"]:::half --> B1["2+ daughters · mother without child · 2+ maternal siblings"]:::half
C["1/6"]:::six --> C1["father/mother with a child · grandmother · lone maternal sibling"]:::six
Small differences from the classical view
In terms of figures, the KHI follows the Qur’anic furudh. The difference worth noting is not in the numbers, but in how the system is read:
- Grandfather and grandmother are named as heirs, but the KHI does not spell out the intricate grandfather-sibling muqasamah system found in the schools (compare the al-Fauzan/ar-Rahabi tradition). In court practice, the grandfather is generally treated as blocking siblings — closer to the “grandfather is like a father” view (compare the Ibn Utsaimin tradition).
- ‘Ashabah is still used (the residue goes to the nearest male relatives, the son takes the residue, 2:1 with his sister), but the presence of a substitute heir (chapter 06) can change who occupies the ‘ashabah position.
- Reconciliation (Pasal 183): the heirs may agree to a settlement in the division after each has become aware of their share. This gives legally recognized room for deliberation, so long as all consent and know their rights.
In brief
- The KHI furudh figures = the classical furudh. Many simple cases produce exactly the same division.
- The real difference arises from the context surrounding the numbers: harta bersama (chapter 04), substitute heirs (chapter 06), and wasiat wajibah (chapter 07) — not from the fractional values.
- Pasal 183 explicitly opens the door to a valid reconciliation, as long as each party knows their rights first.
Sources: KHI Pasal 174 through 183. Details in chapter 12.