The Views of the Islamic Sharia in the Missing person

The Views of the Islamic Sharia in the Missing person PDF

Yusuf Atta Mohamed hellw

Supervisor(s)

Dr. Marwan Al-Qadumi -

Discussion Commity

209 صفحة

Abstract :

Abstract This study studied in the Introductory chapter the definition of the missing person, the types of the missing person. It types of the missing person. It also made a contrast between the missing and the absent person. In chapter one, the study investigated when the judge decides that the missing person has died depending on the type of his absence. In the second chapter, the study deals with the views which are related to the missing person's wife. The study also shows that the wife should wait four years before she can marry another man. It also shows that the wife can ask to be divorced from the missing person because he can not pay her expenses. In the third chapter, the study explains the views which are related to the property of the missing person. It also shows that this property should continue belonging to the missing person. Moreover, it shows that the judge should appoint an agent to look after this property. In the fourth chapter, the study explains the views which concern the missing person's portion in inheritance. It also shows that this portion should be entailed till the judge knows that the missing is alive or dead. If the judge becomes sure that the missing person is dead, this portion will be given to the heirs of the missing person's testator. In the fifth chapter, the study investigated the views which are related to the missing person's property and wife if the returns back. The study shows that he can recover what remained from his property and he can also regain his wife. However, if he finds his wife has married another man, he can recover the dower.

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