Unaddressed Rulings on the Absent and Missing Persons in Libyan Law: A Comparative Study with Islamic Jurisprudence

Abstract

This comparative jurisprudential study addresses the unaddressed rulings and legislative shortcomings concerning absent and missing persons in light of Islamic jurisprudence, highlighting the legislative gaps in Libya through Law No. (17) of 1992 regarding the regulation of minors and their equivalents. The study examines unaddressed family aspects, such as waiting periods for wives of missing persons under exceptional circumstances and mass disappearances, judicial separation rules, as well as financial aspects related to asset administration, debt settlement, and estate distribution. Furthermore, it addresses the legal consequences of the missing person's return after estate distribution and remarriage of their spouse, along with the associated liabilities. Finally, the study outlines key findings and legislative shortcomings in Libyan law, providing precise legislative recommendations to bridge legal gaps in alignment with the objectives of Islamic Sharia and contemporary legal challenges.