Aceh Shari'a Court Decision No. 44 of 2008

A bin H (deceased) married F binti A (second appellant) in 1974, after his first wife (A binti I) had passed away. The question before the Court was whether or not the property subject of the will was the joint property of the deceased and second appellant, or just that of the deceased. If it had been acquired while the deceased and second appellant were married, art 35 of Law No. 1 of 1974 on Marriage, in conjunction with art 85 of the Compilation of Islamic Laws, dictated that it was their joint property, which had obvious consequences in terms of how it was distributed among the deceased's beneficiaries.

In overturning the decision of the Calang Shari'a Court (lower court), the Court found that certain portions of some of the parcels of land in dispute were the sole property of the deceased, while others were the joint property of the deceased and second appellant. The deceased's sole property was to be divided between his 10 beneficiaries (two wives and eight children), while the joint property of the second appellant and the deceased was to be divided 50/50 between the second appellant and the deceased. The inheritance of A binti I and M binti A bin H (one of the deceased's daughters, also deceased) was to be distributed among the surviving beneficiaries.

FirstPreviousPage 1 of of 8NextLast