Aceh Shari'a Court Decision No. 24 of 2008

The appellants sought to challenge the decision of the Banda Aceh Shari'a Court (lower court), which had stipulated the beneficiaries of the deceased, as well as the manner in which the estate of the deceased was to be distributed.

The Court concurred with the decision of the lower court, but added that the appellants' claim in regards to the daughter procuring the estate in its entirety, based on Indonesian Supreme Court Jurisdiction No. 184K/AG/1995, was inpplicable in this case because the child of a beneficiary had passed away, rather than the child surviving the beneficiary.

Moreover, the Court held that the respondents' objection in regards to the standing of the replacement beneficiary, unknown in Sunni fiqh, was not a valid reason, because Presidential Decision No. 1 of 1991 (Compilation of Islamic Laws) had already provided positive jurisprudential guidelines in this regard. The Court cited the qaedah that permits a government to remove any inconsistency or difference.

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