Terms specific to the KHI and Indonesian inheritance law, beyond the classical faraidh vocabulary already covered on another track.
| Istilah | Meaning |
|---|---|
| KHI | Kompilasi Hukum Islam — the compiled formulations of Islamic law (marriage, inheritance, endowment) that guide the Pengadilan Agama, annexed to Inpres No. 1 of 1991. |
| Inpres | Instruksi Presiden — the form of regulation that puts the KHI into force; not a statute, but a reference for judges in practice. |
| Pengadilan Agama (PA) | The court with jurisdiction over marriage, inheritance, bequest, gift, and endowment cases for Muslims in Indonesia. |
| Hukum positif | Law that is in force because the state has enacted it at a particular time and place — as distinct from religious law grounded in scriptural evidence. |
| Harta bersama (gono-gini) | Property acquired during the marriage; upon death, half of it becomes the surviving spouse’s right (Article 96) before the estate is divided. |
| Harta bawaan | Property each spouse owned before the marriage, or personal inheritance/gifts; not marital property. |
| Ahli waris pengganti | A descendant (e.g. a grandchild) who steps up to take the place of a parent who died before the decedent (Article 185); not recognized in classical fiqh. |
| Wasiat wajibah | A bequest deemed obligatory to carry out even if the decedent made none, up to 1/3, for an adopted child or adoptive parent (Article 209). |
| Anak angkat | A child raised and taken as one’s own under law/custom; lineage remains with the biological parents, so the child is not an heir (but is entitled to wasiat wajibah). |
| Tirkah | The inheritable estate to be divided, that is, what remains after marital property is separated out and funeral costs, debts, and bequests are deducted. |
| Baitul Mal | The state/community treasury that receives the estate when there is no heir (Article 171 letter f). |
| Perdamaian (tasaluh) | An agreement among the heirs to divide amicably after each has become aware of their rights (Article 183). |
| Yurisprudensi | Court rulings (especially of the Supreme Court) that serve as references; sometimes broadening the application of an article (e.g. wasiat wajibah for non-Muslims). |
| Gharrawain / ‘Umariyyatain | The two special cases (husband/wife + mother + father) that the KHI also regulates (Article 178 and related). |
For basic faraidh terms (furudh, ‘ashabah, hajb, ‘aul, radd, kalalah, and so on), see Vocabulary in Warismatika or the classical-track glossary.
Source: KHI Books I & II; see chapter 12.