SHARIAsource

The plaintiffs stated that Amaq Sidin and Inaq Sidin (husband and wife) had passed away in 1983 and 1986 respectively, and were survived by their five children and beneficiaries (three sons and two daughters):

1. Sidin bin Amaq Sidin (alias Amaq Kidi), who passed away in 1980, was married to Inaq Kidi, who also passed away in 1985. They were survived by three children:

• Kidi, who passed away in 2008, and was survived by three of her own children (14th, 15th and 16th plaintiffs);
• Mendur bin Sidin (alias Amaq Kidi) (first plaintiff);
• Sriti binti Sidin (alias Amaq Kidi) (second defendant);
• Nawati binti Amaq Mundri, who passed away in 1990, and was survived by her three children (eighth-tenth plaintiffs);
• Idaniati binti Amaq mundri (11th plaintiff);
• Ayuni binti Amaq Mundri (12th plaintiff); and
• Ariantini binti Amaq Mundri (13th plaintiff).

1. Cili (alias Inaq Saidi binti Amaq Sidin), who passed away in 2003, was married to Amaq Saidi, and was survived by seven children, two of whom had passed away (third-seventh plaintiffs);
2. Amaq Rusdi bin Amaq Sidin (first defendant);
3. Amaq Mugasih bin Amaq Sidin (second defendant);
4. Marike (alias Inaq Mundri binti Amaq Sidin), who passed away in 1982, having married Amaq Mundri in 1980, who had also passed away, was survived by:

• Nawati binti Amaq Mundri, who passed away in 1990, and was survived by her three children (eighth-tenth plaintiffs);
• Idaniati binti Amaq mundri (11th plaintiff);
• Ayuni binti Amaq Mundri (12th plaintiff); and
• Ariantini binti Amaq Mundri (13th plaintiff).

Amaq Sidin and Inaq Sidin left to their beneficiaries three plantations, two rice padis, and one coil made of pure gold with an estimated worth of IDR 1 billion. The plaintiffs claimed that, following the passing of Amaq and Inaq Sidin, the land and gold coil had remained in the possesion of the defendants as the deceaseds' sons, without being distributed among the other worthy beneficiaries. The plaintiffs also claimed that the defendants had sold several portions of the bequeathed land to the co-defendants. Accordingly, the plaintiffs requested that the court distribute the assets of the deceased pursuant to Islamic inheritance law (hukum faraidl), that those portions of the aforementioned land already sold be included as part of the assets of the deceased, that a caveat be placed on that land not yet transferred to any third party, and that the plaintiffs' case be prioritised over any other related proceedings already on foot.

In enforcing the rights of the children of those beneficiaries who had passed away prior to Amaq and Inaq Sidin, the court cited arts 74(1) and 85(1) of the Compilation of Islamic Laws, which permits the children of a deceased beneficiary to assume their entitlement. Moreover, the court noted that male children were entitled to twice the share of female children, per art 176 of the Compilation of Islamic Laws. The court stipulated as beneficiaries the plaintiffs and ordered the defendants to transfer to the plaintiffs their share of the assets of Amaq and Inaq Sidin, as it had outlined and quantified, and ordered the defendants to auction parts or all of the properties if such a transfer was not physically feasible. It also ordered the defendants to pay court costs (IDR 2,371,000).