The Inheritance of the Missing Person
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Fatwa No. ( 719 )
Q: Muhammad ibn 'Abdullah ibn Madi'far passed away, and among his children was a son who has been missing for eight years in the same place where his father resided, in al-Madinah al-Munawwarah, and he asks what is the situation regarding the inheritance of the missing person from his father?
A: The scholars (may Allah have mercy on them) stated that the missing person is not free from two conditions: either he is missing in a situation where death is more likely, such as being missing in a battle, in the sea, in a desert, or the like. The school of thought is that one waits for him for four years, then he is ruled to be dead, and the rulings of death follow from that ruling. Or he is missing in a situation where survival is more likely, such as being missing in his country, in trade, or the like. The school of thought is that one waits for him until he reaches ninety years of age from his birth, then he is ruled to be dead if his missing state continues, and the rulings of death follow from that. Since the missing person mentioned in the question was missing in his country, his missing state is one where survival is more likely. Therefore, his inheritance from his father remains under his ownership by ruling until ninety years have passed. If he does not return during that time,
he is ruled to be dead, and his share of inheritance from his father becomes part of his estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Muhammad ibn 'Abdullah ibn Madi'far passed away, and among his children was a son who has been missing for eight years in the same place where his father resided, in al-Madinah al-Munawwarah, and he asks what is the situation regarding the inheritance of the missing person from his father?
A: The scholars (may Allah have mercy on them) stated that the missing person is not free from two conditions: either he is missing in a situation where death is more likely, such as being missing in a battle, in the sea, in a desert, or the like. The school of thought is that one waits for him for four years, then he is ruled to be dead, and the rulings of death follow from that ruling. Or he is missing in a situation where survival is more likely, such as being missing in his country, in trade, or the like. The school of thought is that one waits for him until he reaches ninety years of age from his birth, then he is ruled to be dead if his missing state continues, and the rulings of death follow from that. Since the missing person mentioned in the question was missing in his country, his missing state is one where survival is more likely. Therefore, his inheritance from his father remains under his ownership by ruling until ninety years have passed. If he does not return during that time,
he is ruled to be dead, and his share of inheritance from his father becomes part of his estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.