What is the ruling on distributing the inheritance of a father whose news has been cut off for eight years, after the court ruled him dead in absentia based on a false testimony that he had been missing for 15 years? And is taking this inheritance considered major disbelief (kufr akbar) or a sin if it is not rightfully ours, especially given the court's disregard for Islamic law in its rulings and our need for money?

Scholars differ on determining the period after which a missing person is declared dead. The preponderant view is that the matter rests on the judge's discretion. If the judge predominantly believes the person has died, they rule accordingly. There is no objection to the heirs taking possession of the missing person's estate if the court's ruling is based on investigation and circumstantial evidence. If the missing person returns alive, they are entitled to reclaim what the heirs took. However, if the court's ruling is arbitrary, the property should not be disposed of until death is established by clear evidence or by a discretionary ruling and investigation from the court.