How to Calculate Inheritance (Faraid): A Complete Guide

Ilmu Faraid is the Islamic science of inheritance distribution. It is a crucial part of Sharia that ensures fairness and prevents disputes among family members.

“Learn the Faraid and teach it to people, for it is half of knowledge…” (Hadith by Ibn Majah)

5 Rights Related to the Estate (Tarikah)

Before the estate is distributed to the heirs, there are 5 rights that must be fulfilled in a specific order:

1. Funeral Expenses (Mu’nah Tajhiz): Costs for washing, shrouding, burying, etc.
2. Secured Debts: Debts attached to specific collateral (like a mortgage or pawned item). The collateral must be used to pay this off.
3. Unsecured Debts:
   • Debts to Allah: Unpaid Zakat, Kaffarah, Hajj, vows.
   • Debts to Humans: Personal loans, unpaid rent, credit cards.
4. Will (Wasiyyah): If the deceased left a will, it is executed from the remaining estate (after debts). It cannot exceed 1/3 of the total, and cannot be given to an heir.
5. Inheritance (Irts): The remaining balance is distributed to the eligible heirs.

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3 Pillars of Inheritance (Rukun)

Inheritance is valid only if these three pillars exist:

1. Al-Muwarrits (The Deceased): The person who has passed away.
2. Al-Warits (The Heir): The heir who is alive at the moment of the deceased’s death.
3. At-Tarikah (The Estate): The property or rights left behind.

Causes of Inheritance

A person receives inheritance due to one of three reasons:

1. Marriage (Nikah): Valid marriage contract.
2. Lineage (Nasab): Blood relationship (Parents, Children, Siblings).
3. Loyalty (Wala’): The relationship between a freed slave and their former master (rare in modern times).

Impediments to Inheritance (Mawani’)

A person is barred from inheriting if:

1. Slavery: A slave cannot own property.
2. Homicide: The killer cannot inherit from the victim.
3. Difference of Religion: A Muslim does not inherit from a non-Muslim, and vice versa.

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Types of Heirs

Heirs are categorized into two main groups based on how they receive their share:

1. Ashabul Furudh (Fixed Share Owners)

These heirs have a specific share mentioned in the Quran (1/2, 1/4, 1/8, 2/3, 1/3, 1/6).

• Examples: Husband, Wife, Mother, Daughter (if alone).

2. Ashabah (Residuary Heirs)

These heirs take the remainder of the estate after the Fixed Shares are distributed. They usually take “all” if they are alone.

• Examples: Son, Father (if no son), Brother.

Rule: “Give the Faraid (fixed shares) to those entitled to them, and whatever remains goes to the closest male relative.” (Hadith Al-Bukhari)

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Simple Calculation Example

Case: A husband dies, leaving behind:

• Wife
• 1 Son
• 1 Daughter
• Estate (Tarikah): Rp 120,000,000 (Net after funeral & debts)

Step 1: Determine Shares

• Wife: Gets 1/8 (because there are children).
• Children (Son & Daughter): They are ‘Asabah. They take the remainder.
  • Ratio: The male gets the share of two females (2:1).

Step 2: Calculate Values

1. Wife’s Share: $$ 1/8 \times 120,000,000 = 15,000,000 $$

2. Remainder for Children: $$ 120,000,000 - 15,000,000 = 105,000,000 $$

3. Distribute Remainder:

   • Total “Parts”: Son (2 parts) + Daughter (1 part) = 3 parts.
   • Value of 1 Part: $$ 105,000,000 / 3 = 35,000,000 $$
   • Son’s Share (2 parts): $$ 35,000,000 \times 2 = 70,000,000 $$
   • Daughter’s Share (1 part): $$ 35,000,000 \times 1 = 35,000,000 $$

Final Distribution:

• Wife: Rp 15,000,000
• Son: Rp 70,000,000
• Daughter: Rp 35,000,000
• Total: Rp 120,000,000 (Verified)