Aceh Shari'a Court Decision No. 34 of 2010

Cut Muerah Asiah had made a gift for her daughter, Cut Yusnidar binti T.A. Gani (first respondent), on 29 February 1996 in regards to a parcel of land, which the Lhoksukon Shari'a Court (lower court) had deemed to be lawful. T. Zulfikar bin T.A. Gani (appellant) sought to challenge the decision of the lower court, which had dismissed his claim in its entirety.

The Court made note of the fact that there had been 16 hearings before the lower court in regards to this matter, at none of which had the second respondent been in attendance. Similarly, the third respondent had only attended the first hearing. Because the lower court decision had the second and third respondents listed as defendants but contained no explanation as to their continued absence, the Court rendered the decision null and void. It made no comment, however, as to the legality of the gift.

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