Definition of
Mafkood.
When a person
difap-
pears, xheKâ-
z « muit appoint
a truftee
to manage his
affairs;
H E D A T A .
B O O K XIII.
Of MAFKOODS\ or MISSING PERSONS.
MA F K O O D , in its literal fenfe, means lofi and fought after.
In the language of the law it lignifies a perfon who difappears,
and of whom it is not known whether he be living or dead, or where
he refides.
I k a perfon dilappear, and it be not known whether he be dead
or alive, or where he refides, the Kdzee mull appoint lbme perfon to
look after his property, and to manage his affairs, and maintain his
rights; becaufe the Kazee is appointed for the purpofe of attending to
the interefts of all fuch as are unable to attend to their own concern?;
and as a mijjing perfon is of this defcription, (whence he Hands in the
lame predicament with an infant or an ideot)— it is for his intereft to
appoint a perfon to look after his property and manage his affairs.—
By what is above Hated, that “ the perfon appointed by the Kazee
“ ihall
“ Ihall maintain the rights, of the miffing perfon,” is meant that' this
perfon Ihall take pofleflion of all acquifitions arifing to the mijjing per-
Jpn from his tenements, lands, or effects, and alfo of fuch debts as
are acknowledged by his debtors;— and that he Ihall alfo profecute
for debts owing in confequence of contrails entered into by himfelf*
and which, are dilputed by the debtor, as the rights of the contrail
appertain to him, he being the conira&or:— but he is not to profecute
on account of debts owing in confequence, of any contrail, entered
into by the miffing perfon, and which are difputed by the debtors; nor
can he profecute for the miffing perfon s lhare in lands or ejfeBs, in the
hands of a third perfon, who dilputes the famebecaufe he is neither
the principal, nor the deputy of the principal, being no more than
merely an agent fo r feizin on the part of the Kazee, who is not empowered
to profecute, according to the united opinion of our-three
doilors;— for their only difference of opinion is with refpedl to an
agent for feizin appointed by the proprietor himfelf,. in a cafe of debt,
whom Haneefa holds to be empowered to profecute,, whereas the
two. difciples deny him this power.— The reafon of this is that if it
were lawful for the Kdzee's agent for feizin to profecute, and he were
to profecute accordingly, and the debtor to produce evidence proving
that the miffing perfon had already received the debt, or difcharged it,,
the Kdzee muft neceflarily pafs a decree accordingly, and this would
be a decree againff an abfentee, which is unlawful.— It is not lawful
for him, therefore,, to profecute,. except where the Kdzee is of opinion
(with the fedt of Shafei,'). that it is lawful to pafs a decree againff
an abfentee, and he direfts accordingly, in which cafe it is lawful,,
becaufe a decree is of. force where it is palled in any cafe concerning
which.there is. a difference of opinion-)-.
O b j e c t i o n , .
* O n behalf o f the Mafkood o r miffing perfon.
f T h a t is, where the Kdzee may happen to diflent in opinion from the Haneefite
doctors. T h e . [Arabic, copy fimply fays u in which, cafe, it, is. lawful^ becaufe the K a -
u z e e is a perfon fuppofed to be pojfeffed o f judgment and learned in the. l a w . ’ * What, is
here.
who is empowered
to
takej>ofleflron
o f ail acquifitions
arifing
to him;
but cannot
profecute for
difputed
debts,
or depofits.