الآثار المترتبة على عودة المفقود بعد الحكم باعتباره ميتا في الفقه الإسلامي و القانون الأردني

الملخص EN

This research aims to restore the rights of a missing person who was declared dead in terms of restoration of his wife according to the marriage contract, and the right to recover his money.

This study has addressed these issues in three sections, the first expounds the concept of missing and judgment with regard to his death.

The second part deals with the impact of the return missing on his wife and the third section shows the impact of the missing person’s right to his money.

The study came to the conclusion that the missing deserves his wife as long as she is not married, or as long as she is during the period of watching and waiting, and before the second husband has consummated the marriage, but if the missing person comes back, and his wife had been married and the marriage was consummated by the second, the first husband is given the choice between his wife and her dowry.

According to Jordanian law, the missing the eligibility to the missing in his wife, unless she married another person and a judicial sentence has been issued effectively to dissolve the marriage at the request of the wife.

With regard to the right of the missing person’s money , he has the right to it unless it is divided among the inheritors.

If it has divided, he takes what is left of it, but not they had spent.