Is it permissible to perform the funeral prayer in absentia for missing persons whom it is highly probable have died?
If a person goes missing and isقطع (completely out of reach), and it is highly probable that he has perished, the majority of scholars hold that one should wait four years, after which he is declared dead, his assets are distributed, and his wife observes her iddah. They base this on the ruling of Umar ibn al-Khattab, may Allah be pleased with him. As for Abu Hanifa and Al-Shafi'i, in their new opinion, they believe that he is not declared dead unless news of his death arrives or he reaches an age where he could not possibly live. Examples of such absences, where perishing is highly probable, include being lost at night or during the day, going to a nearby place and not returning, being lost between the battle lines during combat, a ship sinking, or being lost in a major disaster like the Bir Kabriya in the Hijaz. Sheikh Muhammad ibn Ibrahim permitted considering anyone lost on the night of al-Nafrah from Arafat as highly likely to have perished. As for praying for the missing person, the funeral prayer in absentia (salat al-gha'ib) is performed for him. However, other rulings contingent on his death, such as the distribution of his inheritance and the dissolution of his wife's marriage, require a ruling from a judge to prevent disorder and chaos.
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