Aceh Shari'a Court Decision No. 30 of 2008: Daughter's Inheritance

The court found that the respondents had principally sought from the lower court a distribution of the estate of D.G, who had passed away in 1945. Citing Supreme Court Jurisdiction No. 181.K/AG/1994, the court noted that the rights of a deceased's children, parents and spouse take precedence over those of any other concerned parties. This decision, the court found, was all the more authoritative as it was based on the opinion of Ibnu Abbas, an interpreter and commentator from Muhammad's inner-circle, who interpreted the word 'walad' in verse 176 of Surah An-Nisa' to include both boys and girls.

Accordingly, the court found that A binti D.G (sibling of the deceased H.G) could not be stipulated as a beneficiary of H.G because H.G had a daughter, Z binti H.G. That said, Z binti H.G could similarly not be stipulated as a beneficiary of A binti D.G's estate, despite having been stipulated as a replacement beneficiary, because A binti D.G was survived by her daughter M binti D.

The lower court's distribution of D.G's estate did not reflect this, causing the court to pass its own, far more detailed judgment. The distinguishing inclusion was a lineage of beneficiaries relevant to the distribution of the estate.

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