Contemporary Primary Sources :: Court Cases :: 25 Rabīʿ I 1425 / 14 May 2004
Indonesian Supreme Court Jurisprudence 75K/AG/2003: Articulating Gifted Property
Mahkamah Agung Republik Indonesia, Posted by Daniel Peterson, 05 August 2016
This Supreme Court jurisprudence states that:
- Law No. 20 of 1947 regulates judicial appeals, and, therefore, cannot be applied to the drafting of a submission in the first instance; and
- before applying art 210(1) of the Compilation of Islamic Laws, the plaintiff must first articulate the property it is claiming as a gift (hibah) in order that the court can ascertain whether or not that gift exceeds the one-third limit placed on parties who choose to make a gift of their own property.