Three cases are worked through to completion. The first shows KHI and the classical approach producing the same numbers; the next two show that the gap appears precisely at the points distinctive to KHI.
Case 1 — Simple, same result
Situation: A father passes away. The tirkah is Rp 240 million (no disputed harta bersama, no adopted child). Heirs: wife, mother, 2 sons.
Steps:
- Wife: children present → 1/8 = Rp 30 million.
- Mother: children present → 1/6 = Rp 40 million.
- Remainder: Rp 240 million − Rp 70 million = Rp 170 million → 2 sons (‘ashabah) = Rp 85 million each.
KHI result = classical result. No KHI-distinctive point is touched, so the two are identical. This is the majority of everyday cases.
Case 2 — Marital property changes the numbers
Situation: A husband passes away. The household wealth is Rp 1 billion, all of it harta bersama. Heirs: wife, 1 daughter, mother (of the deceased).
KHI steps:
- Harta bersama: the wife takes 1/2 = Rp 500 million (Pasal 96). The remaining Rp 500 million = tirkah.
- Daughter (only): 1/2 × Rp 500 million = Rp 250 million.
- Mother: children present → 1/6 × Rp 500 million = Rp 83.33 million.
- Wife: children present → 1/8 × Rp 500 million = Rp 62.5 million.
- Remainder Rp 500 million − (250 + 83.33 + 62.5) = Rp 104.17 million. Since there is no male ‘ashabah, this remainder is subject to radd (Pasal 190-193) to those entitled (the daughter & mother, not the wife).
- Wife’s total: Rp 500 million + Rp 62.5 million = Rp 562.5 million.
Compare with pure classical (the entire Rp 1 billion as tirkah, without separating harta bersama):
- Daughter 1/2 = Rp 500 million; mother 1/6 = Rp 166.67 million; wife 1/8 = Rp 125 million; the remainder subject to radd to the daughter & mother.
- Wife’s total: Rp 125 million.
The gap is large (Rp 562.5 million vs Rp 125 million) — entirely because of the separation of harta bersama, not because of the furudh fractions.
Case 3 — Substitute heirs (orphaned grandchild)
Situation: A grandfather passes away. The tirkah is Rp 900 million. His children: Child B (male, living) and Child A (male, predeceased, leaving 1 son = grandchild). No other heirs.
KHI steps (Pasal 185):
- The “child” position is filled by two equal tracks: Child B, and the grandchild (standing in for Child A).
- Both are male and equal → Rp 900 million split in two = Child B Rp 450 million, Grandchild Rp 450 million (the cap in paragraph 2 is satisfied because they are equal).
Compare with classical:
- The grandchild is barred by Child B (the child bars the grandchild). Child B takes the entire Rp 900 million. The grandchild receives no inheritance (though possibly through a gift/bequest from the grandfather, but not as inheritance).
Here the difference is not merely the numbers but the principle: whether an orphaned grandchild is entitled to step up in place of their father. KHI answers “yes”; the majority of classical fiqh answers “no, but relief can be given through a wasiat wajibah.”
Lessons from the three cases
- Case 1: without a KHI-distinctive point, the result is the same — do not assume it always differs.
- Case 2: harta bersama is the single biggest changer of the numbers and the most often overlooked.
- Case 3: substitute heirs change who is entitled, not just how much.
All the figures above are exercises for understanding. For a real case, the computation is validated by the Pengadilan Agama, and its religious side is put to those qualified to answer.
Source: KHI Pasal 96, 176-193, 185; the radd mechanism in Pasal 190-193. Details in chapter 12.