Aceh Shari'a Court Decision No. 46 of 2010

The Tapaktuan Shari'a Court (lower court) found that Siti Aminah (deceased) had left to her husband one-quarter of her estate, to her daughter Rosmalena binti Djamiudin (appellant) one-quarter, and her son Ridwansyah B.Ac bin Djamiudin (respondent) two-quarters. As her husband (Djamiudin) had also already passed away, his one-quarter share was left to his three children as follows: one-fifth to the appellant, two-fifths to the respondent, and two-fifths to the replacement beneficiary and wife (following respondent) of his deceased son Sofyan bin Djamiudin, Anita. Of Sofyan bin Djamiusin's two-fifths, he had bequeathed one-eighth to his wife (following respondent), more than one-half (58.33 per cent) to his son Fadel Muhammad, and more than one-quarter (29.166 per cent) to his daughter Hirah Manda Sofyani.

The Court found that the lower court had erred in stipulating the co-respondent as the replacement beneficiary of her deceased husband Sofyan because her relationship with Sofyan was one through marriage, not blood. The Court also found that a bequest, supposedly made by Siti Aminah on 15 October 1981, was rendered null and void as Siti Aminah had passed away on 29 April 1981. Accordingly, it redistributed the various estates based on these findings.

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