Aceh Shari'a Court Decision No. 42 of 2008

T bin I, his wife Z binti Y, and two of their children, M (son) and R (daughter), all perished in the tsunami of 26 December 2004. T bin I had stipulated as his beneficiaries his daughters R binti T (first respondent), S binti T (second respondent), and his sister SA binti T (respondent). T bin I's estate comprised four parcels of land. The Jantho Shari'a Court (lower court) found that two-thirds of T bin I's estate was to be devised to the appellants, while the respondent was to receive the remainder. The lower court also declared the securities over the four parcels of land to be valid.

The Court did not concur with the judgment of the lower court, stating that while there are children (either male or female), the entitlement of any siblings to the estate of the deceased is precluded. The Court also declared the securities over the parcels of land to be invalid.

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