How is the issue resolved if a person sharing the name and lineage exists but is deceased?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 24 · Bab 1

Open in Qurani

Primary text

If the defendant claims a deceased person shared their name and description, the judge investigates the timing of death. If the death occurred before the transaction leading to the judgment, or if the deceased predated both the claimant and the judgment debtor, the deceased's existence is irrelevant, and the judgment stands. If death occurred after the judgment or the transaction, and it was possible for a transaction to occur between the deceased and the claimant, the issue remains problematic, as the right might belong to the deceased individual as if they were alive.