When does the waiting period (iddah) for a missing person begin?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
There are two differing narrations concerning the commencement of the waiting period for a missing person. The first narration states that the period begins from the time the ruling authority (Hakam) sets the term. This is based on the principle that when the period is a matter of dispute, it requires the definitive ruling of the authority, similar to the prescribed waiting period for 'Annah (a specific type of dispute).
Supporting text
The second narration dictates that the period begins from the time the person's news ceased and all trace of them vanished, as this situation strongly indicates death. Therefore, the period commences from that point, analogous to a situation confirmed by the testimony of two witnesses. For Al-Shafi'i, there are two views corresponding to these two narrations.