The power to determine and decide whether a mafgud is alive or dead lies on the court on evidence, investigation or the expiry of waiting period (as determined by the fuqaha) . when the court decided that the mafqud has died, then his time of death is counted as the same time the ruling was issued. The beneficiaries who are property of the mafqud. Similarly, a mafqud may inherit a benefactor’s property before a court ruling is made against him/her. If the ruling of a mafqud’s death has made been by the court, but it turns out later that the supposed mafqud is still alive, then he/she would not be able to re-claim the property that has been spent by the beneficiaries, except only to take any leftover property.