Who counts as missing
A mafqūd is a person whose whereabouts are unknown and of whom it is not known whether he is alive or dead. He neither inherits nor is inherited from until his death is proved or a period passes in which one like him could not live (Lisān al-Ḥukkām 434, Ḥanafī).
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School of law
Who passed away?
Who survives them?
Count the missing person among the heirs, then choose them below.
Wife up to four الزَّوجة
Son الابن
Daughter البنت
Son's son grandson ابن الابن
Son's daughter granddaughter بنت الابن
Father الأب
Mother الأم
Which heir is missing?
Each possibility, solved in full
The estate is divided once for each possibility. Every share is of the whole estate.
| Heir | If alive Base 8 | If dead Base 8 |
|---|---|---|
| Wife | 1/8 | 1/8 |
| Son | 7/16 | 7/8 |
| The missing heir | 7/16 | 0 |
Paid now
Each heir is paid the smallest share they receive in any possibility. An heir excluded in any possibility is paid nothing yet.
| Heir | Share | Amount |
|---|---|---|
| Wife | 1/8 | $30,000 |
| Son | 7/16 | $105,000 |
| The missing heir | 0 | $0 |
| Held back | 7/16 | $105,000 |
When the judge rules
What the held part pays each heir if that possibility turns out to be the real one. A minus sign means the heir returns that amount.
| Heir | If alive | If dead |
|---|---|---|
| Wife | 0 | 0 |
| Son | 0 | +$105,000 |
| The missing heir | +$105,000 | 0 |
Waiting period and what comes next
Ḥanbalī: if death was likely (battle, shipwreck) the wait is 4 years; otherwise the judge decides, or 90 years from the loss in one narration. If he returns he takes his share; if ruled dead, the held part goes to the heirs alive at the first death.
Source: al-Mughnī 6/389-391
A religious calculation, not legal advice. A court or registry in your country decides legal validity.
How the share is held
When someone he would inherit from dies while he is missing, the estate is solved with him alive and with him dead. An heir who inherits in both is paid the lesser share; an heir he would exclude is paid nothing; the doubtful rest is held. If he returns he takes his share; if he is ruled dead, the held part goes to the heirs of the first deceased (Lisān al-Ḥukkām 434; al-Dardīr with al-Dasūqī 4/487; al-Mughnī 6/389-391).
The four schools
| School | Rule | Source |
|---|---|---|
| Ḥanafī | Ruled dead when his peers in his country have died; the chosen view leaves it to the judge. Others: 90, 100 or 120 years. | Tabyīn al-Ḥaqāʾiq 3/312; Lisān al-Ḥukkām 434; al-Aṣl 9/356-362 |
| Mālikī | 70 years from his birth (the mashhūr); 80 and 75 are also reported. | al-Sharḥ al-Kabīr (al-Dardīr) with al-Dasūqī 2/482, 4/487; al-Qawānīn al-Fiqhiyya p. 145 |
| Shāfiʿī | No fixed period; the judge rules. His share is held until then, and only heirs alive at the ruling inherit from him. | al-Ghurar al-Bahiyya 3/445-446 |
| Ḥanbalī | 4 years if death was likely (battle, shipwreck); otherwise the judge, or 90 years from the loss in one narration. | al-Mughnī 6/389-391 |
Statutes
Morocco: his own estate is not divided before the ruling; death may be ruled a year after despair in a hazardous case (Mudawwana arts. 326-327). Kuwait: his share is held; if he returns he takes it, if ruled dead it returns to those entitled at the first death (Law 51/1984 arts. 332-333). Tunisia: the same (CSP art. 151), with a court period of up to 2 years after a war or exceptional case (art. 82). All from unofficial copies.
His own estate
The missing person’s own property is not divided while he is missing. It is held until the judge rules his death, and only the heirs alive on the day of the ruling inherit it, not those who died before it (al-Ghurar al-Bahiyya 3/445-446; al-Dasūqī 2/482; Tabyīn al-Ḥaqāʾiq 3/312). This calculator divides an estate he would inherit from; to divide his own estate after the ruling, use the main calculator with the heirs alive at the ruling.
Not covered
These points have no source in the notes this calculator follows, so they are not computed.
- Shāfiʿī: what the other heirs are paid before the ruling; the primary text was not read.
- Egypt, Syria and Jordan: the missing-person articles were not read.