Jurisprudential and Legal Implications of Enforced Disappearance in Light of the Rulings of the Absent and Missing Persons: A Comparative Study with Law No. (17) of 1992 Concerning the Regulation of Minors and Their Equivalents in Libya

Abstract

This comparative jurisprudential study addresses the rulings and implications of enforced disappearance in light of Islamic jurisprudence and the legal provisions concerning absent and missing persons, highlighting the legislative stance in Libya through Law No. (17) of 1992 regarding the regulation of minors and their equivalents. The study discusses aspects related to the missing person's financial liabilities, administration through custodians, maintenance for dependents, Zakat, settlement of debts, inheritance rules, and the legal consequences of their return regarding marital status, property, and estate distribution. Finally, the study outlines key findings and legislative shortcomings in Libyan law, providing recommendations to address them in alignment with contemporary legal challenges.