LEGISLATOR’S AIM BEHIND REGULATING THE PROVISIONS OF THE ABSENTEE (STABILITY OF DEALINGS AND JUSTICE AS A MODEL)
law is the driving force for organizing societies by coming up with effective solutions for problems arising among its members regardless of time and types of such problems. This because the purpose of law is to maintain stability of dealings between members of society while ensuring justice. Maybe this is the reason why provisions of both Sharia and law are mainly flexible and general, which makes them subject to different interpretations, enabling jurisprudents to fathom the obscurities of legislative provisions stripping it of generality. Such interpretation serves them as a reference in the absence of a clear provision. Knowing the purpose which law aims to achieve by regulating the provisions of the absent persons (absentees) leads to better realization and understanding of law as well as accuracy of interpretation and sound implementation of absentee related provisions. Without such know ledge the interpretation of provisions becomes subjective changing with whims, interests, and desires. Absenteeism may make a person invisible for others, creating some sort of fogginess about the reality of his existence. This, as well as, the desire to ensure the stability of dealings and justice, drove law makers to regulate the provisions of the absentee and create ones that are different from those of present persons.
Keywords: Legal Regulation, Absentee, Stability of Dealings, Justice