Nepal missing Malaysians cannot be presumed dead after a month: Penang mufti
KUALA LUMPUR: Malaysians missing in Nepal following landslides and floods along the Nepal-Tibet border cannot automatically be presumed dead simply because they have remained uncontactable for a month, said Penang Mufti Associate Professor Datuk Dr Mohd Sukki Othman.
KUALA LUMPUR: Malaysian officials cannot automatically declare Malaysians missing in Nepal dead after a month, stated Penang Mufti Associate Professor Datuk Dr Mohd Sukki Othman. According to Islamic law, these individuals fall under the category of al-mafqud, those who are missing, disconnected, and whose life status remains uncertain.
The principle is that certainty cannot be replaced by doubt, and since they were known to be alive, their status cannot be altered to deceased based solely on assumptions, provided there is no substantial evidence or confirmation from authorities. However, this scenario differs from a typical missing-person case, as they disappeared in a catastrophic disaster that clearly endangered their lives, which authorities and courts can account for when making decisions based on evidence and actual circumstances, as explained by Sukki.
He emphasized that Islamic law adopts a cautious stance in matters concerning life, marriage, inheritance, and a person's rights, and there is no universally agreed-upon timeframe for declaring a missing person dead. Sukki pointed out that a month-long absence alone is not enough to confirm death, especially since search efforts are still ongoing, and DNA samples from relatives of 55 Malaysians have been collected for identification purposes, should it become necessary.
Families of the missing individuals should cooperate fully with authorities in search and identification efforts, providing travel records, last known locations, photographs, medical information, and DNA samples when requested. Sukki advised against making one's own decision that a family member has died until there is proper confirmation.
Once search efforts have reached a certain point and the available evidence has been thoroughly evaluated, the government should coordinate actions among all relevant parties, including religious authorities and judicial institutions, to determine the status of those missing in accordance with the law and Islamic principles.
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