A reflection on the absent, missing, and lost, with an emphasis on Imami jurisprudence and legal issues

One of the issues that causes the foundations of the family to shake is the absence of the husband. Jurists and jurists have stated rulings regarding the property and wife of a man who is absent and has no trace. In Imami jurisprudence, his property is kept until it is known whether he is alive or dead and is not divided among the heirs so that if the absent and missing person returns, his property is handed over to him. In the case of an absent and missing wife, if there is a spendthrift for her during her husband’s absence, they rule that the wife is married to him. If there is no spendthrift, after issuing a hypothetical temporary ruling, after a certain period has passed, the wife is divorced by the ruling of the judge and then, after observing the waiting period, she marries another person. In the case of fixed rights, the Imami jurisprudence has also followed the well-known opinion regarding property and wife, and the Shafi’i jurisprudence has resorted to istishab and qiyas since they do not have a specific narration regarding the rulings regarding absent and missing persons. In this research, which was developed using a descriptive-analytical method, the existing differences and similarities were mentioned and the legal articles related to absentee rulings were explained and examined.