The Imposition of Legal Status of Al-Maqfud in Islamic Law Concerning Inheritance Issue

Inheritance is the transfer of property from a deceased person to a living person with a kinship relationship, either by blood or marriage. In contrast, al-mafqud is a missing person whose whereabouts and news are unknown. Therefore, it is important to determine whether the establishment of the status of mafqud can serve as the basis for the distribution of inheritance. The research method used in the preparation of this study is the Normative Juridical research method. The purpose of this research is to explain the determination of the legal status of al-maqfud in Islamic law concerning the field of inheritance. Based on the research results, shows that the determination of the status of al-mafqud refers to the provisions of the Quran and Hadith as well as the opinions of the scholars. The ijtihad (interpretation effort) of a judge is very much needed in determining the status of al-mafqud, and this is also agreed upon by the scholars that in Islam, the one who has the right to determine the status of al-mafqud is the judge. In Islamic law, the decision of the Religious Court or Sharia Court regarding the determination of al-Mafqud cannot be used as the basis for the distribution of inheritance. The distribution of inheritance can only be carried out after there is a ruling from the Religious Court or the Syariah Court stating that the missing person has passed away, and thereafter the inheritance can be divided among the heirs.