Aceh Shari'a Court Decision No. 60 of 2008

The Banda Aceh Shari'a Court (lower court) had stipulated the parties' joint assets as several parcels of land, the proceeds from the sale of a parcel of land, as well as a Janome sewing machine.

The appellant challenged the lower court's decision on the grounds that property claimed by the respondent was not the joint assets of the parties, but rather the property of the respondent's parents, as well as the appellant's personal property. As evidence, the appellant produced a certificate of declaration from his biological mother, a certificate and declaration of a bequest from the appellant, and a certificate and declaration from the parties' four children. The Court, however, found that these supporting documents were prepared by the appellant alone at the time of the proceeding and were, therefore, inadmissible.

The Court also noted that the proceeds from the sale of joint assets sold while the marriage was still on foot did not entitle the appellant not to share the proceeds evenly with the respondent. Indeed, an even distribution of those proceeds was deemed by the Court to be halal, and an uneven distribution would be a sin (dosa). Accordingly, the Court dismissed the appeal.

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