مفقود الخبر :معاصر علماء و فقہی اداروں کی آراء کا تنقیدی مطالعہ

Mafqūd al-Khabar: A Critical Study of the Opinions of Contemporary Scholars and Juristic Councils.

Abstract

The institution of marriage in Islamic law is not just a legal contract but a social and moral relationship based on companionship and mutual support, and sustained by the rights and obligations of the spouses. Such companionship assures emotional stability, social harmony, and economic support. However, complex legal issues arise when a husband becomes Mafqūd al-khabar (a missing person whose status and whereabouts remain unknown for an extended period). In a scenario where a husband is declared Mafqūd al-khabar, serious social, financial, and psychological problems may befall the wife as the marital bond remains in limbo and the wife is neither able to remarry nor enjoy her marital rights to the fullest. This study takes a look at Mafqūd al-khabar in the Islamic jurisprudence by first examining its linguistic and technical meanings before evaluating classical juristic debates on the legal status of the missing husband and the rights of his wife. It also considers the juristic opinion among jurists of differing schools of Islamic law with regard to the dissolution of marriage in such cases. The study also looks at the position of contemporary scholars and the modern fiqh institutions and their attempts to deal with this issue in relation to the present social realities. The study concludes by critically assessing these viewpoints and identifying practical juristic approaches that may help resolve cases involving missing spouses while remaining consistent with the principles of Islamic jurisprudence.