Mirath - The Laws of Islamic Inheritance

death then it is possible that he may be alive and in need of all his
possessions which have been given away. If he is considered alive then
his family (including his wife) will find it difficult to continue life in his
absence, as they are dependant on someone fulfilling that role.
In regards to inheritance the missing person is deemed as alive in
his/her own wealth and as dead in regards to the wealth of others. This
means that until the missing is decreed dead, his/her wealth will not be
distributed amongst his heirs.
When the estate of another family member is distributed the missing
person will be totally ignored. Each of the other heirs will get their
shares as though the missing person was not an heir.
The wealth of the missing person cannot be distributed until either the
missing person’s death is confirmed, or until the missing’s death is
decreed.
Note: A missing person can only be decreed as dead on the fourth year
of him/her being reported as missing and throughout the four years
there is absolutely no knowledge of his/her whereabouts or state. This
is according to the opinion of Im\m M\lik, and it is one of the verdicts
of many of the contemporary *anaf| scholars. The other verdict is that
the Q\}|’s (judge’s) verdict on this is also acceptable.
Note: If, however, the missing person is discovered or returns after a
decree of his/her death has been passed, then the ruling is that all
his/her wealth and rights are returned to him/her: even if they were
distributed, the recipients will be obliged to return them.
Note: It is appropriate in the case of a missing person that records are
kept of all actions that would involve him. This is to make sure that all
his wealth and rights can be traced.
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