This chapter brings every difference together in one place, so the reader can see the full map and know exactly where the computed results can diverge.
Map of the differences
flowchart TB
classDef same fill:#134e4a,stroke:#14b8a6,color:#ccfbf1
classDef diff fill:#713f12,stroke:#ca8a04,color:#fef9c3
subgraph SAMA["Mostly THE SAME"]
S1["Furudh fractions (1/2, 1/4, 1/8, 2/3, 1/3, 1/6)"]:::same
S2["Grounds: lineage & marriage"]:::same
S3["'Aul & radd (basic mechanism)"]:::same
S4["Bequest capped at 1/3"]:::same
end
subgraph BEDA["Points that DIFFER"]
D1["Marital property separated first"]:::diff
D2["Substitute heirs (grandchild steps up)"]:::diff
D3["Wasiat wajibah for adopted child/parent"]:::diff
D4["Impediment: needs a court ruling; + grave assault/slander"]:::diff
end
Comprehensive comparison table
| Aspect | Classical fiqh (the 4 other tracks) | KHI (this track) | Effect on the numbers |
|---|---|---|---|
| Marital property | No automatic concept; the entire estate of the deceased becomes tirkah | The surviving spouse takes 1/2 of the harta bersama first (Pasal 96), and only the remainder becomes tirkah | Large — the surviving spouse often receives far more |
| Grandchild (parent predeceased) | Barred (mahjub) by a living child/uncle | Steps up in place of the parent (Pasal 185), capped at no more than a same-level heir | Large — changes who is entitled |
| Adopted child/parent | Does not inherit; voluntary bequest | Wasiat wajibah of at most 1/3 (Pasal 209) | Medium — carves off up to 1/3 before the inheritance |
| Criminal impediment | Wrongful killing bars automatically | Requires a final, binding court ruling; + grave assault & slander | Small — different conditions, rarely changes the numbers |
| Difference of religion | A firm impediment | Filtered through the “being Muslim” condition; some cases granted a wasiat wajibah through jurisprudence | Small–Medium |
| Furudh fractions | Qur’anic furudh | Same (Pasal 176-180) | None — identical |
| Grandfather & siblings | Detailed muqasamah system (al-Fauzan/ar-Rahabi) or “grandfather = father” (Ibn Uthaymin) | Not spelled out; practice tends to have the grandfather bar the siblings | Small–Medium |
| ’Aul & radd | Present, with a disagreement over radd to the spouse | Present (Pasal 190-193) | Small |
| Amicable settlement | Permitted (tasaluh) once rights are known | Explicitly recognized (Pasal 183) | Small |
| Source of authority | The soundness of the evidence (fiqh) | Inpres 1991 (positive law) | — |
When the result is the same, when it differs
- Almost always the same when: there is no significant harta bersama, there is no grandchild from a predeceased child, and there is no adopted child/parent. The “husband + wife + biological children” case with no marital property usually yields identical numbers.
- Can differ substantially when: there is a large amount of harta bersama (surviving spouse), or there is an orphaned grandchild whose parent predeceased, or there is an adopted child.
How to use this comparison
- First compute with a classical faraidh calculator (any track) to know the result according to the scholars.
- Check whether your case touches any of the points that differ in the table above.
- If it does, the court result (KHI) is likely to differ — and you now know why, rather than merely being caught off guard.
The aim of this comparison is not to judge which one “wins,” but to give an honest map: where state law aligns with the scholars, and where it takes its own path of ijtihad. Its shar’i weighing is in chapter 10.
Source: a summary drawn from chapters 03 through 07 of this bundle; KHI Book II. Details in chapter 12.