Ruling of Lost Inheritance form the Perspective of Islamic Jurisprudence and Civil Law of Afghanistan

Abstract

Inheritance in Islam is one of the most important issues, the ruling of legacy is given to the heirs after the real death or the ruling (disappearance) of a person in relation to his property. The right of inheritance is one of the methods of acquiring property recognized in Afghanistan’s civil law and Islamic jurisprudence and has its own specific rules. In this article, the ruling on the inheritance of a missing person is discussed in the light of Islamic jurisprudence and civil law. The main purpose of this study is to express the rulings and jurisprudence rules of missing inheritance. Rulings on missing inheritance play a noticeable role in realizing justice; Because by knowing these rules, people will identify their rights regarding their inherited property, and on the other hand, it will make it easy and provide the grounds for the implementation of social justice for those involved in the legal and judicial sector. According to the sources of Islamic jurisprudence and civil law, we came to the conclusion that a missing person has two circumstances: One is that the property of the heir is placed as a legacy until the time of his return or the judgment of his death is suspended and preserved by the judge and the inheritance is not divided. And the length of time to wait for the missing is a difference of opinion among the jurists, which according to leading’s narration, this length of time is left to the judgment and investigation of the judge. It is worth mentioning that in this research, the descriptive-analytical method was used to study the analysis and evaluation of jurisprudential materials and topics, and the library method was used to collect the required materials.