When should the property of a missing person be divided among his heirs?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The property of the missing person must be divided at the time when his wife is commanded to observe the waiting period associated with a presumed death. This is supported by Qatadah. The justification is that the established practice concerning the wife's waiting period for a presumed death necessitates the division of property, analogous to cases where evidence of death is established. Delaying the division causes harm to the heirs, results in the idleness of the property's utility, and risks its potential destruction or devaluation, placing it in a similar category of harm as delaying the wife's ability to remarry.
Supporting text
Al-Shafi'i, Malik, the Ashab al-Ra'y (Hanafi scholars), and Ibn al-Mundhir hold that the property should not be divided until the death of the missing person is confirmed, because the original status is presumed continuity, which should not be removed by mere doubt. They permit the wife to remarry based on the consensus of the Companions, given her need for marriage and the harm caused by prolonged waiting, making this permission specific to her situation.