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Law Of Domestic Relations - Chapter 16

A Missing Person and his Trustee (article 126 -136)

Article 126 defines a missing person as one whose whereabouts are unknown and it is unclear whether he is alive or dead.

Article 127 -133 define rights of the trustees and their obligations, appointment, and dismissal. In contrast to Moslem Law, these articles stress the role of the Qadi and his authority to supervise assets and trustees. They have no parallel in Ottoman Law.

Article 134 gives the Qadi the authority to declare the death of a missing person, whose death is almost certain, after a period of ten years from the date of his disappearance. Egyptian and Hanafi laws give a period of only four years, and give the Qadi the power to decide on a shorter or longer period. (19)

Article 135 adds that if a ruling has been handed down declaring a missing person to be dead as in the previous article, his estate shall be divided among his heirs, alive on the day of the ruling. They are forbidden, however to sell anything from the estate until a period of two years has elapsed from the day of the ruling until it's finalization. This last restriction has no parallel in Fiqh statutes.

Article 136 if the missing person reappears or it is proven that he is still alive after being pronounced dead, he is entitled to the return of his property from his heirs. If the property is no longer in their hands, he may claim its value as of the day on which it was disposed. This is in contrast to Hanafi doctrine.

Druze Law does not mention the positions of a missing man's wife, and it appears that she is not reckoned to be a widow in spite of the declaration of her husband's death. She can, however, file for divorce, and this will be granted. (See Articles 45-46 above) p>Intorduction Chapter 1 - Eligibility to Enter into Marriage (Articles 1 - 5) Chapter 2 - Forbidden Marriages (article 9 - 13) Chapter 3 - Arranging the Marriage (Articles 14 -19) Chapter 4 - Marriages Rules (Articles 20 -23) Chapter 5 - Dower ("Mahr") (Articles 24 - 27) Chapter 6 - Maintenance (Nafaqa) (Articles 28-36) Chapter 7 - Separation (Article 37-49) Chapter 8 - Waiting Period (Idda) (Articles 50-53) Chapter 9 - The custody of the children (Articles 54-66) Chapter 10 - Child allowance (Articles 67-74) Chapter 11- Payments by sons to parents and other relatives (Articles 75-80) Chapter 12 - Guardianship over minors (Articles 81-87) Chapter 13- Guardianship and wills (Article 88-98) Chapter 14- Responsibilities of the guardian [executor] (Articles 99-118) Chapter 15- Circumstances under with a Qadi may disqualify a person and appoint a guardian (Articles 119 -125) Chapter 16 - A Missing Person and his Trustee (article 126 -136) Chapter 17 - Paternity (nasab) (Articles 137-144) Chapter 18 - Wills and Inheritance (2) (Articles 145 -170) End Notes