A comparative study of the legal situation of the affairsof the continuously absent person based on Iran’s law and Islamic jurisprudence(sunni and shia jurisprudence)

ABSTRACT: The marriage and divorce status and their financial influence on the continuously absent person’s wife have been under religious investigations by Emamiye jurisprudence since a long time ago. With reference to the code of possession, the continuously absent person is presumed alive and the requisites and administrations of his financial and non-financial affairs shall be carried out, hence all of the security measures in order to protect the continuously absent person’s states are to be provided accordingly on time. In case the continuously absent person whose whereabouts are unknown has left no advice for the administration of his estate or affairs and there may be no person legally in a position to take charge of his affairs, the court will nominate a trustee for the administration of his estate and neither thecontinuously absent person’s trustees nor his heirs can be entitled to interfere in the above mentioned issue unless the judgment of presumed death of the missing person is issued.