The Impact of the Appearance of a Missing Person Alive on His Wife - A Comparative Study Between Islamic Jurisprudence and Libyan Law.

Abstract

The research aimed to clarify the issue of the return of the missing person alive after a ruling was issued for his death, and the effects of that on his wife in Islamic jurisprudence and Libyan law. The research consisted of two sections: The first dealt with the definition of the missing person linguistically, legally and legally, and distinguishing him from the absent and the captive, including the opinions of the jurists regarding the period necessary to elapse to judge the death of the missing person, and their evidence,The most correct statement, and the position of Libyan law on it. The second section dealt with the effects of the return of the missing person on his right to his wife, explaining the agreement of jurists that the missing person has the right to his wife as long as she is not married, or as long as she is in the period of waiting and waiting period, and before the second consummation with her. However, if the second consummated the marriage with her before the return of her missing husband, then the jurists differed regarding it into opinions, so the research dealt with mentioning these statements, their evidence, and clarifying the most correct of them, and the position of Libyan law and which doctrine was taken. Then the research concluded by mentioning the most important results and recommendations.