احکاماتِ مفقود الخبر (Missing Parson) کا فقہ اسلامی کے تناظرمیں ایک مطالعہ

A Study of the Orders Concerning Missing Persons in the Context of Islamic Jurisprudence

Abstract

Islam upholds the inherent dignity and rights of all human beings, regardless of religion, race or gender. Among these it’s the fundamental rights is the right of life, alongside the freedom to enjoy physical, cultural, economic and political freedoms. In human society, a stable family system is established through internal family relations, mutual respect of rights and obligations between the family members. For the maintenance and sustainability of this system, it is necessary that the family system should be established in the light of God's orders so that there is no defect or fissure that disrupts it. However, due to the flawed nature of human thought, the family system designed under human guidance has been prone to chaos from time to time. This is the reason why there is a need for constant amendments and new interpretations in the laws related to family system. The word missing is derived from the Arabic word "F-Q-D". It applies to a person who is missing for any reason and whose life or death has not been definitively confirmed. In Islamic jurisprudence, the issue of missing al-Khabar has been debated since the first century AH, and has been discussed in detail by later jurists. Regarding Mafuqud al-Khobar, Islamic jurisprudence has given detailed rulings on various issues such as marriage, inheritance, guarantees, Qisas, demands for property and claims for intercession. All these rules are designed to protect a stable family and social order.