Abstract:
One of the issues that causes the foundations of the family to shake is the absence of the husband. Jurists and jurists have stated rulings regarding the property and wife of a man who is absent and has no trace. In Imami jurisprudence, his property is kept until it is known whether he is alive or dead and is not divided among the heirs so that if the absent and missing person returns, his property is handed over to him. In the case of an absent and missing wife, if there is a spendthrift for her during her husband’s absence, they rule that the wife is married to him. If there is no spendthrift, after issuing a hypothetical temporary ruling, after a certain period has passed, the wife is divorced by the ruling of the judge and then, after observing the waiting period, she marries another person. In the case of fixed rights, the Imami jurisprudence has also followed the well-known opinion regarding property and wife, and the Shafi’i jurisprudence has resorted to istishab and qiyas since they do not have a specific narration regarding the rulings regarding absent and missing persons. In this research, which was developed using a descriptive-analytical method, the existing differences and similarities were mentioned and the legal articles related to absentee rulings were explained and examined.
Machine summary:
But if we take the loss of the missing person and the establishment of disappearance as the starting point of tarabbus, the wife here simply must have four years of tarabbus along with fahsh, and if she starts these four years at the beginning of the disappearance, then after A Reflection on the Absent Person with No Trace, emphasizing Imami Jurisprudence and Positive Law 153 (Riyadh al-Masail, 1404 AH, Vol. 2, Book of Divorce) In this expression as well, the time for tarabbus is stated from the time of referral to the judge and not from the time of the loss of the missing person, and this is the famous opinion of the jurists (Sheikh Tusi, n.
278) But the issue that exists in this regard is when the wife's iddah is completed and she has not remarried, in which case there are two opinions regarding the return to the wife after the expiration of the iddah, where the famous A Reflection on the Missing Person (Mafqud al-Athar) with Emphasis on Imami Jurisprudence and Positive Law 149 divorce.
A) Their documents are the same narration of Halabi from Imam al-Sadiq (as) and Burayd bin Muawiyah and 146 Journal of Applied Jurisprudence and Law Research / Year 4, No. 2, Continuous Issue 6, Autumn and Winter 1403 No discretion exists for the wife regarding divorce and remarriage; however, if the guardian of the missing person refuses to provide maintenance (nafaqah) for the wife of the missing person, the judge compels the guardian to divorce the wife of the missing person, so that she may begin her waiting period (iddah) until she becomes pure.
(
, 
, 
)
