Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

A comparative analysis of the effects of absence on the properties of persons in Imami jurisprudence and Iranian civil law

Document Type : Research Article

Author
Assistant Professor of Jurisprudence and Fundamentals of Law, Shabestar Azad University, Shabestar Branch, Iran. (Corresponding Author)
Abstract
When an individual goes missing - whether suddenly or due to specific circumstances - their legal and social status is significantly affected. These impacts extend to both financial matters, such as property rights and inheritance, and non-financial aspects, including marital status and familial obligations. Nevertheless, mere disappearance cannot be equated with death, as a legal presumption of death entails serious and irreversible consequences, such as the distribution of the missing person’s estate and the potential for their spouse to remarry. In Shi’a (Imamiyyah) jurisprudence, a clear distinction is drawn between the implications of absence in matters of marriage and property. With regard to marriage, the dissolution of the marital bond is not permitted without definitive evidence of death, due to the moral and religious significance attached to the institution of marriage. However, in matters of property, a more pragmatic approach is adopted. According to the prevailing view, if an individual has been missing for four years and exhaustive efforts to locate them have failed, a presumption of death may be issued, enabling the division of their estate among legal heirs. Iran’s legal system, shaped extensively by Imamiyyah jurisprudence, includes specific provisions for the issuance of such rulings. If, after a prolonged period, the continuation of the person’s life appears highly improbable based on rational and customary standards, the court may -upon completion of legal formalities and investigations - declare a presumption of death. These ruling carries not only financial implications but may also result in the dissolution of marriage.
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  • Receive Date 09 April 2025
  • Revise Date 01 June 2025
  • Accept Date 25 June 2025