أحكام المفقود في المذهب المالكي، و ما عليه العمل في قانون الأسرة السنغالي : دراسة فقهية مقارنة

Abstract EN

This study aims to clarify the Maliki school of thought's jurisprudential provisions entailed on the property of the missing person and his wife during his loss, as well as the effects of his return, and to explain what he should do in Senegalese family law ; that is, by addressing what the missing person is, and studying the most prominent provisions related to his fortune during his loss, such as the payment of zakat, the maintenance of his children and the most important provisions related to his wife ; such as her alimony, her right to request a divorce etc.

the study provides a set of results in this area by examining the topic through inductive and comparative analysis of the issue.

according to the study, a person may be considered legally missing if all forms of information about him are cut off from his family, with the exception of the possibility of his return.

the same can be said for someone who went missing in a dangerous situation and whose body was never discovered.

the study includes rules concerning the missing person's fortune during his disappearance, legitimizing his children's alimony, and emphasizing the importance of keeping, disposing, and managing his money in a way that benefits him.

his wife's right to alimony, inheritance, bereavement, and the right to divorce, as well as the waiting period, are among the rules that apply to her after his death.

taking all of the findings into account, the study proposes the establishment of an independent “personal status law” by separating family and civil law under the Maliki school of thought, which is the dominant doctrine in Senegal, as well as the establishment of institutes to train judges in Islamic jurisprudence in personal status cases such as marriage, divorce, inheritance etc.