Excerpt from “Islāmī Qānūn-e-Wirāthat” by Maulānā Abū Nuʿmān Bashīr Ahmad
Mafqūd (the missing person) refers to one whose state of life or death is unknown, such as a person who went away for travel or battle and did not return for a long time, with no news of him being received.
Scholars have differed regarding the waiting period (muddat intizār) for a Mafqūd:
However, the most correct opinion (rājiḥ qawl) is that the duration varies according to time, place, and circumstances.
Therefore, the ruling of the judge (ḥākim), based on the prevailing situation, will be binding and decisive.
The missing person may be in two possible states:
① As an Heir (Wārith):
If the Mafqūd is entitled to inherit from another, his share is kept in reserve.
② As a Deceased (Mawrith):
If the Mafqūd is the one from whom inheritance is due and the judge, after the waiting period, rules him deceased, then:
If, after distribution, the Mafqūd returns alive, the property still in the heirs’ possession must be returned to him.
If any portion has been consumed and cannot be restored, then the matter is left to the judgment of the ḥākim.
This is done by preparing two separate inheritance calculations —
① one assuming the Mafqūd is alive, and
② one assuming he is deceased —
and then applying the same method as used in the case of Ḥaml (the unborn child).
❖ Definition
Mafqūd (the missing person) refers to one whose state of life or death is unknown, such as a person who went away for travel or battle and did not return for a long time, with no news of him being received.
❖ Waiting Period
Scholars have differed regarding the waiting period (muddat intizār) for a Mafqūd:
- Imām Abū Ḥanīfah and Imām al-Shāfiʿī رحمهما الله: Ninety (90) years
- Imām Mālik رحمه الله: Seventy (70) years
- Imām Aḥmad ibn Ḥanbal رحمه الله (in one narration): Four (4) years
However, the most correct opinion (rājiḥ qawl) is that the duration varies according to time, place, and circumstances.
Therefore, the ruling of the judge (ḥākim), based on the prevailing situation, will be binding and decisive.
❖ States of Mafqūd
The missing person may be in two possible states:
① As an Heir (Wārith):
If the Mafqūd is entitled to inherit from another, his share is kept in reserve.
- If his existence (life) is later confirmed, the reserved share is handed over to him.
- If no proof of life emerges, his share is distributed among the remaining heirs.
② As a Deceased (Mawrith):
If the Mafqūd is the one from whom inheritance is due and the judge, after the waiting period, rules him deceased, then:
- The estate will be divided among the heirs living at the time of the ruling.
- Those heirs who died before the judicial ruling will not inherit.
If, after distribution, the Mafqūd returns alive, the property still in the heirs’ possession must be returned to him.
If any portion has been consumed and cannot be restored, then the matter is left to the judgment of the ḥākim.
❖ Method of Distribution
- If the Mafqūd is the only heir, or if his presence would exclude other heirs, then the entire estate is reserved for him.
- If he later returns alive, he inherits the entire estate.
- If not, the estate is divided among the remaining heirs.
- If there are other heirs along with the Mafqūd, they are given the minimum possible shares, while the Mafqūd’s portion is reserved.
This is done by preparing two separate inheritance calculations —
① one assuming the Mafqūd is alive, and
② one assuming he is deceased —
and then applying the same method as used in the case of Ḥaml (the unborn child).
Summary
- Mafqūd means a missing person whose life or death cannot be verified.
- The waiting period varies by time, place, and circumstances, under the authority of the ḥākim’s ruling.
- When acting as an heir, his share is reserved until confirmed dead or alive.
- When acting as a deceased (muwarrith), inheritance is distributed after judicial declaration of death.
- If he returns alive, his existing property is restored, and the rest is resolved according to the judge’s discretion.
