When a family member goes missing, it can create difficulties for the family and increase its responsibilities. In such situations, understanding legal and Sharia perspectives and knowing how to follow up on the case can help clarify responsibilities and make decisions about the family’s future.
Families who have not heard from a family member for a long time may face difficulties covering household expenses, caring for children, and determining their family status. Being aware of possible solutions and seeking help from the relevant authorities can help them overcome these problems.
Sayed Mohammad Mosawi, a legal expert from Daikundi, says that each case involving a family member who goes missing must be considered separately. According to him, issues such as marital status (Nikah), financial responsibilities, and property rights should be examined based on the circumstances of each case.
He adds that family assets, living expenses, and the financial rights of both parties may also be considered during the review.
“If the woman has not remarried, her previous marriage is still valid, and the couple can reunite and resume their life together,” he says.
Mohammad Reza Mohammadi, another legal expert from Daikundi, says that when a family member goes missing for a long time, it is important to review the case and follow the necessary procedures to clarify the family’s status.
“Once a woman is certain that her husband has gone missing, she can file a petition for Tafriq (separation) with the court. Before issuing a separation order, the court takes several steps. First, it registers the woman’s petition. It then sends a written notice about the husband’s absence and sets a deadline for him to return home or ask his wife to join him,” he says.
According to him, the relevant authorities may collect the necessary information and assess the situation of a person who goes missing. The final decision depends on the circumstances of the case and the applicable legal procedures.
Experts emphasize that each family’s situation must be assessed based on its specific circumstances. They also stress that families should seek reliable legal advice to understand their rights and responsibilities.
From a Sharia perspective, when a husband goes missing, the case requires careful assessment of the circumstances and a review of reliable Islamic jurisprudential sources.
Qurban Hassani, a religious scholar, says that marital status and related matters must be examined according to Sharia rules. He adds that a woman should not make a decision to remarry until her marital status has been clarified according to Sharia and the necessary procedures have been completed.
“According to Hanafi jurisprudence, if it is not clear whether a husband who goes missing is alive or dead, his wife must wait and does not have the right to remarry until his death is confirmed or a judge decides that he is presumed dead based on circumstantial evidence,” he says.
When a family member goes missing, the rest of the family may have to take on more responsibilities, such as covering household expenses and caring for children, especially in families with limited income.
A woman in Daikundi whose husband went missing several years ago says she is responsible for caring for their five children and has worked to meet the family’s daily needs during this period.
She adds that, in her husband’s absence, covering household expenses and caring for her children have placed a greater burden on her.
Her experience shows that when a family member goes missing, the uncertainty can affect not only the family’s status but also its financial situation and the daily responsibilities of those left behind. Understanding the valid solutions available and taking each family’s circumstances into account can help families deal with these situations.
Another 32-year-old woman, whose husband went missing three years ago, is responsible for caring for their three children. She says she now has to take on more responsibilities in her daily life.
The lack of clear information about her husband’s situation has also left her worried about the future of herself and her children. She says that meeting the family’s daily needs and caring for her children are among the difficulties she faces.
Another woman says her husband went to Australia for work after they got married. They have one child, and he has been missing for five years. During this time, her family has faced many uncertainties about their future.
She says the lack of clear information about her husband’s situation has made it difficult for her to make decisions about her future and meet her child’s needs. She adds that finding out what happened to her husband and understanding the available options for resolving her family’s situation are among the most important things for her.
Legal experts emphasize that each case should be assessed based on its specific circumstances. They say that understanding the relevant legal procedures, contacting the relevant authorities, knowing their rights and responsibilities, and seeking reliable guidance can help families make decisions about their future.
Reporter: Marina Shirzai
