Aceh Shari'a Court Decision No. 71 of 2010

Amiruddin bin Mahmud had perished in the tsunami of 26 December 2004 in the village of Paya Tieng. He was survived by his four beneficiaries, Arba'iyah binti Amiruddin (daughter and first appellant), Husniati binti Amiruddin (daughter second appellant), Nurhayati binti Mahmud (sister and first respondent), and Jauhari binti Mahmud (sister and second respondent). The Jantho Shari'a Court (lower court) stipulated that to his beneficiaries the deceased had devised two properties and four parcels of land, with the appellants each receiving a two-sixths share, and the respondents one-sixth each.

The appellants, in their response and appeal, noted that the deceased's wife, Mardhiah, had also perished in the 2004 tsunami, and that she had been survived by beneficiaries such as her sister and niece. The respondents, however, had failed to include those beneficiaries in their initial claim, rendering their application null and void. Moreover, they had failed to specify whether or not the objects of their claim were the personal assets of the deceased, or the joint assets of the deceased and his wife. Pursuant to Supreme Court Jurisprudence No. 621/K/Sip/1975, the Court overturned the decision of the lower court, finding the respondents' initial claim to be null and void.

FirstPreviousPage 1 of of 9NextLast