What is the difference between the absent and the missing, and what are the rights of each?
An absent person is someone who has left their family. The ruling concerning him is that the judge sets a deadline for his wife. If the deadline passes, she takes an oath and divorces herself with a revocable divorce. As for a missing person, his news is cut off, and this falls into four categories:
1. Missing in Muslim lands: A four-year period is set, after which his wife observes the iddah (waiting period). His wealth is not divided until the construction period (long period of time until his death is presumed) expires. 2. Missing in non-Muslim lands (like a captive): His wife does not remarry, and his wealth is not inherited until the construction period (seventy years or otherwise) expires. 3. Missing in combat with disbelievers: The well-known ruling is that his wife and wealth remain as they are until the construction period. It is also said: a period of one year is set after searching for him, then his wife observes the iddah, and his wealth is divided. 4. Missing during civil strife among Muslims: It is said that he is presumed dead, his wife observes the iddah, and his wealth is divided. It is also said: a one-year deadline is set for him, then his wife observes the iddah, and his wealth is divided.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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