Mataram High Religious Court Decision No. 27 of 2014: Inheritance Appeal Dismissed

The appellants sought to challenge Giri Menang Religious Court Decision No. 207 of 2013, which had ordered them to transfer to the respondents the respondents' share of the estate of Amaq and Inaq Sidin (deceased). The appellants based their appeal on several grounds:

  1. that the respondents' initial claim had failed to include certain relevant parties in their claim, as was revealed by the evidence provided by certain witnesses, and that those relevant parties were then inserted into the claim by the lower court;
  2. that the lower court's decision lacked a legal foundation, and that its decision had exceeded the parameters of the plaintiffs' claim;
  3. that the lower court had erred in stipulating certain information relating to the dimensions of the land in dispute;
  4. that the lower court had ignored documents submitted by the appellants regarding a certain portion of the land in dispute; and
  5. that the lower court had included the incorrect boundaries of the land in dispute, in terms of a local inspection.

In dismissing the appeal, the court found that ground 1 was insufficient as the parties the appellants claimed had not been included were not beneficiaries (ahli waris) for the purposes of art 171(c) of the Compilation of Islamic Laws, and moreover, those parties had not been joined as parties to the claim by the lower court. The court found that the appellants had failed to establish ground 2, but conceded the appellants were correct in regards to ground 3. The court held, however, that it could simply amend the clerical errors raised in ground 3. Finally, the court dismissed ground 4, stating it had been acknowledged in the lower court's decision.

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