Mushfiq's funeral prayers need court ruling, minister says
The vessel, travelling from Thaa Atoll to Male, was destroyed by fire.
Islamic Minister Dr Mohamed Shaheem Ali Saeed said on Thursday that the funeral of Ali Mushfiq, a passenger of the ill-fated 'Holhudhoo boat' that caught fire last week, can only proceed after a judge formally declares him dead.
The vessel, travelling from Thaa Atoll to Male, was destroyed by fire. While the family has requested that Mushfiq's funeral prayer be held after Friday prayers, Shaheem emphasised that Islamic and legal guidelines require a judicial declaration of death before any funeral rites can take place.
In a Facebook post addressing the matter, Shaheem explained that the issue of death in the case of missing persons is not merely emotional but also deeply legal and religious.
“A person can only be buried after a judge rules him dead,” he stated. “This is necessary because death carries legal consequences — especially if the person is married, has children, or other heirs.”
According to Shaheem, such a ruling affects not only funeral rites but also the distribution of inheritance, marital status of the spouse, and other legal responsibilities. He noted that without a formal declaration, these matters remain unresolved and potentially invalid if the missing person later returns.
"If a judge declares him dead, he will be allowed to be buried. After the judge's ruling, if he returns days later, what happened to him will be valid," said Shaheem, who previously served as Islamic minister in two different administrations.
He also noted that Islamic scholars have differing opinions regarding the timeline for such rulings. While some argue that a missing person should only be declared dead after four years, exceptions are made in certain cases — especially in instances involving those lost at sea. In such cases, a judge may deliver a verdict earlier, based on the circumstances and the extent of the search efforts.
"The judge will consider all aspects of the disappearance — including search efforts and evidence — before making a decision. Once a declaration is made, the funeral prayer can be held and his estate legally divided among his heirs,” he said.
