Rulings on the appearance of a missing person alive in Sharia And its applications in Yemeni courts

Abstract

The research deals with the subject of the provisions resulting from the appearance of the missing alive in Sharia and its applications in the Yemeni courts, and aims to discuss these provisions with their evidence, and their applications in the Yemeni courts, relying on the inductive and deductive approach.

The research discussed the provisions resulting from the appearance of the missing alive in relation to the inheritance, and the provisions resulting from the appearance of the missing alive in relation to his wife.

The research came out with a number of results, the most important of which are:

1- The jurists agreed that the property of the missing person does not cease to belong to him, unless the judge issues a judgment of his death.

2- If the heirs act after ruling the missing person to die by spending on themselves from his money, he has nothing but what he found, and if they destroy the money or sell it, they are guaranteed, and this is the opinion of the majority of jurists.

3- The jurists agree that the period of waiting for the wife is four years from the day her order was raised to the judge, and after the judge’s death sentence is issued, she is considered to be four months and ten days.

4- If the missing person appears alive before she marries another husband, then it is for him by agreement of the jurists.

5- If the missing person appears alive after she got married and before consummating her, then she is the wife of the first, by agreement of the jurists.

6- If the missing person appears alive after she married the second and he consummated the marriage with her, there is a dispute and it is better for her to give her first husband the choice between taking her or leaving her and taking the dowry.