Marz ul Maut | Death - Bed transaction under Muslim Law |

Описание: DEATH BED TRANSACTION
(MARZ-UL-MAUT)
UNDER
MUSLIM LAW
MEANING
The word Marz-ul-maut is made up of two words :
1. Marz which means illness.
2. Maut means death
When a person suffering from a Marz is under the apprehension of Maut, he is said to be suffering from Marz-ul-maut or death illness. The most accepted definition of death-illness is given by Baillie. According to him, it is an illness “which is highly probable”, will ensue fatally.

TEST OF DEATH ILLNESS
• Long continuance
• Seriousness of illness
• Apprehension of death

ESSENTIALS OF DEATH BED GIFT
1. Declaration of the gift by the donor
2. Acceptance of the gift by donee or on behalf of donee
3. Delivery of the possession of the subject matter
CONDITIONS OF A VALID GIFT DURING MARZ-UL-MAUT
1. The donor should have contractual capacity
• Person must be major
• Sound mind
• Not disqualified by law of land
2. The done should be a person in existence
3. Declaration by donor and acceptance by done
• Acceptance must before death of donor or revocation.
4. Delivery of possession of any property to the done.

DOWER CONTRACTED DURING DEATH ILLNESS
A dower contracted during death-illness is governed by the rules of mehr-e-misl (customary dower).
Release of dower debt : The gift of a dower debt by a sick woman when the probability is that the death would ensue, would not be valid except with the assent of the heirs.

MARRIAGE CONTRACTED ON DEATH BED
A marriage contracted on death-bed is invalid, but if the person recovers from the illness, the consummation can cure the invalidity.
Repudiation of marriage by the sick (Talaq-ul-Mariz)
The pronouncement of Talaq in Marz-ul-maut is valid both under the Sunni and Shia Law.



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