The Status of Wives When Their Fisherman Husbands Go Missing at Sea: An Analysis of Natural Law from the Perspectives of Legal Certainty and Justice

Abstract

The disappearance of a fisherman at sea can create uncertainty regarding his wife’s marital status and legal rights. Such cases may involve mafqud, a status in which a person’s whereabouts are unknown and whether they are alive or dead cannot be established. This study analyzes the legal resolution of wives’ marital status when their fisherman husbands go missing at sea, drawing on natural law theory to examine legal certainty and justice. The study employed normative legal research with statutory and conceptual approaches. Legal materials were collected through a literature review and analyzed descriptively and analytically. The findings indicate that a husband’s disappearance does not automatically dissolve the marriage or establish his wife’s status as a widow. Resolving a mafqud case requires consideration of the circumstances surrounding the disappearance, available evidence, and the search process. From a natural law perspective, legal mechanisms must provide certainty for the wife while upholding justice, protecting her rights, and accounting for the possibility that her husband remains alive. The study concludes that legal certainty in mafqud cases extends beyond determining whether the missing husband is alive or dead; it also entails clarifying the legal consequences for the marriage through applicable mechanisms grounded in the circumstances of each case. This interpretation emphasizes the connection between legal certainty and substantive protection of the wife’s rights.