marz-ul-maut

Arabic/Persian · MARZ ul MOWT · Family and succession

Meaning. Death-illness: a gift made during a fatal illness is treated as a will under Muslim law.

Marz-ul-maut is an illness that is likely to end in death, that causes the person to apprehend death, and that actually ends in death. A gift (hiba) made by a Muslim in such a state is not a true gift; it takes effect like a will (wasiyat).

The consequence is that it is valid only up to one-third of the net estate after funeral expenses and debts, and a gift to an heir requires the consent of the other heirs. Delivery of possession is still required. A chronic illness that does not cause apprehension of death, such as long-standing diabetes, is not marz-ul-maut.

Example

The gift of the house made two days before the donor died of cancer was a gift in marz-ul-maut and failed beyond one-third without the heirs' consent.

marz-ul-maut

Example

See also

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