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Tragedi MH370

What is the ruling on the missing MH370 passengers, and how should any recovered remains be handled?

Short answer

The Muzakarah ruled that all MH370 passengers are classed as mafqud (missing persons) who are apparently and most probably deemed to have perished.

NationalFatwa committee decision

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
National Fatwa Committee (JAKIM)
Date
Status
Fatwa committee decision
Series
Kompilasi Pandangan Hukum Muzakarah Jawatankuasa Fatwa MKI (JAKIM, terbitan 2016)
Topic
Funerals & Death

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The Muzakarah ruled that all MH370 passengers are classed as mafqud (missing persons) who are apparently and most probably deemed to have perished. No fixed waiting period is required, since the intensive search efforts have passed a reasonable period, and the matter rests with the ulil amri. If remains or fragments are found and Muslims cannot be told apart from non-Muslims, all are handled according to Islam, with the funeral prayer intended for Muslims only. Inheritance and dissolution of marriage are referred to the authorities after a court confirms the deaths, and Muslim passengers whose deaths are confirmed are regarded as martyrs of the hereafter.

Written in our own words from the original fatwa — check the source before acting on it.

Muzakarah bersetuju memutuskan bahawa semua penumpang pesawat MH 370 adalah dikategorikan sebagai "Mafqud yang secara zahir dan kebarangkalian kuatnya telah dianggap terkorban".

Excerpt from the original fatwa · National

Read the full fatwa on the National website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

National Fatwa Committee (JAKIM). “Tragedi MH370”, 25 March 2014. https://www.islam.gov.my/images/ePenerbitan/KOMPILASI_MUZAKARAH_MKI_2016.pdf#tragedi-mh370. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-mh370-passengers-as-mafqud/

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Evidence cited

Books

  • al-Umm (al-Syafi'i)
  • Nihayah al-Muhtaj (al-Ramli)

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