Inheritance of a Missing Person under Islamic Law by Abu Aisha Part 4

Bismillāhi Rahmāni Rahīm 
Date:   28th Rajab, 1441 A H / 23rd March, 2020
Series 2:   Al-Farā’id (The Islamic Law of Inheritance): The Theories  
Lesson:   58
Topic: Inheritance of the Missing Heir (Mīrāth Al-Mafqūd): Part 4  
You are welcome to today's class on inheritance law in Islām!!!
In our last three classes, we have been able to look at the definition of Al-Mafqūd under Islamic legal context and some Islamic ruling as regards the inheritance of a missing person or missing heir. We have discussed the legal waiting period and the portion of a missing person as an heir under Islamic law. Today, Inshā Allāh, we are looking at the appearance of Al-Mafqūd and the status of Al-Mafqūd ‘s wife or wives:
Appearance of Mafqūd-  If a declared missing person has been judicially  pronounced dead by  Sharī‘ah Court  or any recognized  court of   law and his properties devolved among his legitimate heirs, but, eventually turns up alive, the judicial pronouncement of death is no longer valid or sustained and it will be declared null and void. The missing heir has the right to recover all his devolved estate which is still in possession of the heirs.  On this, some scholars opined that, if the estate has been devolved and his own share has also been devolved upon his heirs before his re-appearance but was later proven alive, he is allowed to take whatever is remaining in the possession of those who had legally acquired it. Subsequently, he has no right to claim the properties which have been consumed because the distribution is lawful.
Legal Status of  the Wife/Wives of Al- Mafqūd - Majority of scholars  in Māliki, Shāfi‘ī and Hanbalī schools agreed that the wife (or wives)  of a missing person has the liberty of observing Iddah for her missing husband  after four years of his disappearance. They would then inherit him as stipulated under Islamic law of inheritance.
Jazākumullāhu Khayran for reading today’s lesson.  
Yours in Islām  
© Abū  ‘Ᾱisha 
The Instructor (+2348023670884)
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