AL-MAFQUD ACCORDING TO HADITH AND ITS IMPACT ON SEPARATE PROPERTY: A LITERATURE REVIEW

Abstract

Al-mafqud is a person who is missing nowhere and no news regarding his life. Al-mafqud is crucial to discuss especially someone is missing and does not know about his life and death. The missing person issue also has a big impact on the management and distribution of property, especially on matrimonial property claims and until now Malaysia has unclaimed al-mafqud property amounting to an estimated RM 6.6 billion. This study aims to look at the outcome of al-mafqud on the management of matrimonial property based on hadith. It accords with the second source of Islamic jurisprudence of Islamic law. The methodology of this study is through a qualitative approach with data collection from library sources and authoritative websites. The results of the study found that the hadiths related to al-mafqud explained the concept of al-mafqud clearly and its effect on property. Yet, the explanation is vague which the relation of al-mafqud affects matrimonial property. The descriptions of the hadiths are of a general nature showing the effect of al-mafqud on property and the need for property management after death caused by loss. This study shows that the details of the appropriate methods and periods for the management of matrimonial property after death due to missing person need to be discussed and studied by future researchers.