Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Sir, Brother of my husband has gone from home 4 year ago,after 2004 he never communicate with any of us nor some one know weather he is alive or not. Will you tell me please that in such case what should we do for him. Is there last prayer is necessary.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Brother lost unaccounted for four years

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

If a person is lost or unaccounted for, even for a long period of time, one is not to pray their funeral prayers unless and until one is absolutely convinced that the person is dead.

If the person lost or unaccounted for a considerable period of time has left a wife (who may wish to obtain a divorce and marry again) or there are concerns regarding his share of inheritance, etc….then the family should approach a Shariah Court and present the case of their lost and unaccounted for loved one to the Shariah Judge. Depending on the evidence presented, and under what circumstances the person was lost (during a natural calamity like earthquake, tsunami, etc. or during war, etc.), the Shariah Judge will give his judgment on how exactly to legally treat the lost individual, ie. dead or alive.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan