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Fatwa CenterInheritance of a son who went missing 13 years ago
Question
Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have male relatives who are entitled to inherit: (A son) Number 3 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 2 - The Information about the missing relatives of the deceased are : SON, 13 YEARS AGO
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
You did not clarify for us when the son whom you mentioned in the question went missing: whether he went missing during the life of his father or after the death of his father.
If he went missing after the death of his father, then he is an heir and there is absolutely no difference of opinion about this.
If he went missing when his father was still alive, then the views of the jurists regarding the inheritance of a missing person apply to him.
The view we adopt here on Islamweb is that this differs depending on the circumstances and countries, and it is up to the judge's discretion. If the judge rules that he is dead before the death of his father, then he is not entitled to the inheritance; otherwise, his share of the inheritance is to be reserved for him until there is no hope left in him being still alive, or until he is deemed dead, so that the ruling will be issued accordingly.
Hence, if the missing son is one of the three sons mentioned in the question, then the inheritance should be divided among all the sons and daughters, with the male receiving twice the share of the female. Allaah says (what means): {Allaah instructs you concerning your children (i.e. their portions of inheritance): for the male, what is equal to the share of two females.} [Quran 4:11]
Therefore, the inheritance should be divided into 8 shares. Each son gets 2 shares and each daughter gets 1 share.
Allaah Knows best.
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