Kedudukan Hukum Ahli Waris yang Hilang dalam Hukum Islam (Studi Putusan Mahkamah Agung No.0057/Pdt-P/2014/Pa.Yk)

Abstract

A missing person, infiqh is called "mafqud", is a person whose news is cut off so that his life and death are unknown. This person has lived before and it is not known for certain whether the person is still alive or not. The status ofmafqud whether he is still alive or passed away must be ascertained because one of the reasons concerns the law of inheritance. The heirs of those who are missing are still entitled to get their share in accordance with the provisions ofthe inheritance law until there is a status ofdeath ofthe person. This is a descriptive analytical research method which uses juridical normative research. The data sources are primary data obtained from primary legal materials and secondary data from secondary legal materials and tertiary legal materials. The data collection tools are library studies andfield data in the form ofinterviews; the data are analyzed qualitatively. It is known from the research results that the heirs whose share has been lost will remain their rights until there is legal certainty which determines that their status is passed away. A mafqud must obtain legal certainty through the Religious Courts. Legal considerations for the Judge to determine the status ofa missing person, in the Supreme Court ruling No.0057/PDT-P/2014/PA.YK, based on the evidence obtained that the missing person is still alive then his rights are still attached to him. This is based on evidence and witnesses who explain that there is no event that most likely makes the missing person have died.