Inheritance of a Missing Person Under Islamic Law by Abu Aisha

 Bismillāhi Rahmāni Rahīm 
Date:   16th Rajab, 1441 A H /  11th March, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   55
Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 1  
You are welcome to today's class on inheritance law in Islām!!!
     Dear participants, it is a great honour for us as Muslims to declare that Shari ‘ah is an all-encompassing divine law, and when it comes to succession and inheritance procedures, ‘ilm al-Farāid as branch of Shari ‘ah has taken care of everything that we might think of. In this regards, the inheritance rights of a missing person has also been appropriated according to Shari ‘ah to eschew enmity among the blood relations.  Therefore, who is a missing person?
Under Islamic law, a missing person is known as al-Mafqūd. This is legally defined as someone whose whereabouts are unknown and it is not certain whether he or she is alive or dead. According to some scholars, al-Mafqūd  is categorized  as a person who has disappeared for an extended period of time, so that it is not known whether he is dead or alive.  In other views, al-Mafqūd is seen as anyone reported missing, and who cannot be traced to determine whether alive or dead.
       There are a lot of contentious debates among the four schools of thought and various jurists as regard whether the missing person can be a beneficiary of estate devolution as a potential heir or would he or she be inherited in absence by his legal heirs.  These debates has been further compounded in this modern era with the infiltration of European laws into existing Shari ‘ah law and traditional laws of many conquered territories worldwide.   In solving these questions, we are bound to look at the provision of Shari ‘ah from the altar of the Four Sūnni School of Thoughts and our contemporary societies. This, without mincing words is necessary because every potential heir is not allowed to be denied his or her legitimate heirs except through legal procedures which might include hajb (exclusion or veiling up)  and any of mawāni’  al-Mīrāth  (impediment or privation to inheritance) as we explained earlier.
      Inshā Allāh, In the next class, we shall look at the provision of Shari ‘ah as regards the inheritance of a missing person. May Allāh increase us in beneficial knowledge. (Ᾱmīn) 
Jazākumullāhu Khayran for reading today’s lesson. 
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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