I was asked earlier in the day - on the fiqh rulings on how long one must wait before considering a missing person deceased. In the Hanafi madhab, have to wait what is considered normal life span of an individual - Imam Abu Haneefah considered it to be 90 years (or 70 years in a different ruling) from date of birth before considering individual dead. The Maliki Madhab fixed 7 years (some did state 4 years) from date of dissapearance. Whatever the circumstances surrounding it. A wife would have to wait that time period for a missing husband then do iddah for 4 months and 10 days and can remarry. The Shafiee and Hanbali madhaaib say that if an individual missing in difficult circumstances (e.g Battle, shipwreck, earthquake, flood etc) - the judge will order a 4 year waiting period for wife and family from time case was brought to his attention. After that period the wife can dissolve the marriage. If lost in normal circumstances eg travel to work or studying abroad - its 4 year wait from date of disappearance before being declared officially dead. These issues are important with regards to ownership of property, marriage & divorce and inheritance if missing person is thus considered dead. If the wife of missing person remarries after waiting period and the husband returns or is found then the 4 madhaaib state the options available to deal with that. Allaah knows best.
Posted on: Wed, 26 Mar 2014 21:08:06 +0000
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