What is the legal status of a captured person (asir) whose news has ceased?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The captured person whose news has ceased is treated legally as a missing person (mafqud). If the life of the captured person is known to continue, they inherit. This is the position of the majority of scholars (jumhur). The evidence supporting the correct position is that non-believers do not have ownership over free people.
Supporting text
Saeed ibn al-Musayyib, an-Nakha'i, and Qatadah held the opinion that the captured person does not inherit because he is considered a slave (abd).