Is there Janazah Salah on a missing person?

Question

As-Salaamu Alaykum   My uncle lived with his son for about 2-3 years, then about 2 years back he went missing. We have searched for him, at all the places that he is known to have been, we have searched the morgues, police stations, hospitals, prisons, etc. but no sign of him. & nobody that he knows has seen or heard from him during this time as well. My question is whether we can/should perform a Janazah Solaah for him?   ​Regards​
السلام عليكم ورحمة الله وبركاته

 

  1. The obligation to perform ṣalāt al-janāzah sets in when it becomes known that a person has died.
  2. When it is merely suspected that he might have died, without specific evidence to support that suspicion, the obligation to perform ṣalāt al-janāzah does not set in.
  3. Our Fuqahā have mentioned numerous aspects pertaining to missing persons, such as their property, marriages, obligations and rights. However, despite the great amount of detail given to these various aspects, and notwithstanding the fact that people have gone missing throughout history, not a single one of our jurists is on record as having prescribed ṣalāt al-janāzah for a missing person.
  4. Therefore, under the circumstances you describe, there is no obligation to perform ṣalāt al-janāzah over your missing uncle.
  5. Also, the performance of ṣalāt al-janāzah under these circumstances would not be valid.

والله تعالى أعلم

And Allah knows best.

MJC (SA)

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