Missing Persons (Al-Mafqud) and its Relationship With Nafaqah According to Sharia Perspective

Abstract

Nafaqah is a support that is obligatory on men to provide for people under their care such as wives, children and parents. It includes protection, care and financing from aspects of food, clothing, shelter and so on. However, there is a situation that is suspected to cause the people under responsibility to lose their place of dependence such as the husband disappearing for a long time and his life or death status being unknown (al-mafqud). Since the sharia stipulates that the missing person's property cannot be used until the status of al-mafqud is confirmed, it raises the question of the obligation of nafaqah during the time of missing. Therefore, this article aims to: • Find out the views of scholars related to nafaqah and its types • Study the law on al-mafqud nafaqah according to the shariah perspective • Examine the parties responsible for al-mafqud maintenance throughout its loss The analysis involves two conditions of al-mafqud, which are al-mafqud as a family breadwinner and al-mafqud as dependants in the family. This author will also analyze using qualitative methods and analysis of primary and secondary sources such as books and scientific articles. The results of the study found that nafaqah must be given even if the person has disappeared, but it is subject to only two groups, namely the wife and children. Maintenance for both parents depends on the implementation of al-mafqud before he disappears. On the other hand, the missing dependent person is not obligated to be given their nafaqah until al-mafqud returns alive, except for the wife if they claim the right of nafaqah during her missing. This article is expected to provide guidance to wives, children and parents regarding their nafaqah rights in the event of al-mafqud situation as well as explain the party responsible for carrying out nafaqah obligations throughout the period of the missing.