Rujuk FatwaMalaysian fatwa reference
BM

FatwaFederal TerritoriesInheritance, Wills & Gifts

BAYAN LINNAS SIRI KE-11 : PENJELASAN HUKUM TERHADAP MANGSA MH370

What is the status and ruling of the MH370 passengers after the government declared the incident an accident?

Short answer

This Bayan Linnas assesses the MH370 victims under the definition of the mafqud, a missing person whose news has been cut off and who has apparently perished.

Federal TerritoriesOpinion (irsyad)

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

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Bayan Linnas
Topic
Inheritance, Wills & Gifts

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

Summary

This Bayan Linnas assesses the MH370 victims under the definition of the mafqud, a missing person whose news has been cut off and who has apparently perished. The government's official declaration through the Director General of Civil Aviation, the reference to Annexes 12 and 13 of the Chicago Convention and the readiness to process compensation are taken to show that hope of survival has ended. Scholars differ on the waiting period for a mafqud, and the long periods were set to reach certainty. Once death is established by evidence, the mafqud status ends, and experts together with the government, regarded as the judge, have affirmed the deaths.

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

Sekali lagi dinukilkan perbezaan pendapat ulama' berkenaan tempoh mafqud.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

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

Federal Territories Mufti Office. “BAYAN LINNAS SIRI KE-11 : PENJELASAN HUKUM TERHADAP MANGSA MH370”, 31 January 2015. https://muftiwp.gov.my/ms/artikel/bayan-linnas/2586-bayan-linnas-siri-ke-11-penjelasan-hukum-terhadap-mangsa-mh370. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-mh370-victims-mafqud-status/

Local graph

This fatwa and its nearest connections. The full lists are below.

See it on the full map

Evidence cited

Hadith

  • Bukhari 1245

Books

  • al-Umm (al-Syafi'i)
  • al-Hawi al-Kabir (al-Mawardi)
  • Mughni al-Muhtaj (al-Khatib al-Syirbini)