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AL- MAFQUD - Coggle Diagram
AL- MAFQUD
opinion of scholars of period presuming death
imam hanafi
depend on the peer of mauquf
when peers of Al-Mafqud no longer exist, then the confirmation of the
death can be declared
Imam malik
considering when the reach of age 70-80 years old
imam hambali
when the situation: destroyed, war, sailing, the plane crashed
should be investigated in 4 years before the declaration of death
no case of destraction, it has 2 opinion
what until the muaquf reach the age of 90 years old
handed to the ijtihad of judge
Civil Law Regarding section 108, Malaysia Evident Act (1950)
presume death after 7 years with declare by the civil high court and above
used for heirs in claim process of inheritance property
shariah Law
all the state of Malaysia accept terengganu waiting period of persumption is death is 4 years
used for dissolution of marriage
Imam Shafie
presumed with the entire peer had already gone with past of age 90 years old.
example: the tragedy of MH370
someone who loses in a long period without news and nobody knows about the person either dead or alive.