Marz ul Maut | Civil Law for Judiciary Exams PDF Download

Exploration of "Marz ul Maut" in Islamic Law

• Overview: Marz ul Maut is a significant concept in Islamic law concerning the giving of gifts when an individual is critically ill or near death.
• Meaning of Marz ul Maut: Marz ul Maut refers to the act of bestowing assets or property during one's deathbed, typically when the person is suffering from a severe illness or is expected to pass away soon.
• Conditions for Validity: This practice involves specific conditions for the gift to be considered valid, including a clear declaration of the gift, acceptance by the recipient, and the actual or constructive transfer of possession.
• Importance in Islam: Marz ul Maut holds significant importance in Islamic jurisprudence as it establishes the legal framework for gifts made under the unique circumstances of impending death.
• Differences in Sunni and Shia Traditions: The practice of Marz ul Maut may vary between Sunni and Shia traditions, with differences in interpretations and applications based on respective legal schools.

Essential Conditions for Marz ul Maut

• An explicit and clear statement of the gift by the giver is essential for Marz ul Maut. This declaration can be either verbal or written.
• The recipient's acceptance of the gift, whether expressed explicitly or implied, is crucial.
• There must be an actual delivery or a symbolic transfer of the possession of the gift to the recipient.

Marz ul Maut, resembling a gift, is subject to conditions similar to Hiba. However, it differs in that only up to one-third of the property can be bequeathed, unlike a gift intervivos, which can involve the entire property. This limitation aligns with the principles of Wills or Wasiyat, where only a specific portion can be given to safeguard the rights of heirs. The same limitation applies to Marz ul Maut unless the heirs provide their consent.This legal concept combines aspects of the Law of Wills (Wasiyat) and the Law of Gifts (Hiba), categorizing Marz ul Maut as a gift but with the characteristics of a Will under Mohammadan Law, illustrating its unique nature.In the case of Cain v. Moon, the Judicial Committee stressed that the crucial factor in validating the gift is whether the donor executed the deed of gift under the anticipation of death.

Apprehension of Death

• The donor must be afflicted by an illness or condition that will ultimately lead to their demise.
• This sickness should instill fear or a sense of impending death in the individual, convincing them of their imminent passing.
• The illness should incapacitate the individual, rendering them incapable of attending to their daily responsibilities.
• A prolonged illness suddenly taking a severe turn, leading to the belief of imminent death.

In Mumtaz Ahmed v. Wasi-un-Nissa, it was clarified that the doctrine of Marz ul Maut is applicable only when the gift is made under the imminent threat of death. It is akin to an intuition felt by the individual that their end is near with no hope of recovery.

Understanding Marz ul Maut

• The illness or malady directly leading to the donor's death is a crucial factor in establishing a valid deathbed gift according to Mohammedan Law.
• For a gift to be considered Marz ul Maut, the sick individual must have a subjective fear or expectation of death due to the illness.
• Visible signs like the inability to perform regular tasks are indicators of Marz ul Maut.
• Transfer of ownership should take place as per the principles of Hiba.

Each case of a deathbed gift needs careful examination to determine if it meets the criteria of Marz ul Maut. It's essential that the person passes away specifically due to the illness in question. If death occurs from a different cause, the gift might be treated as Hiba, provided Hiba requirements are satisfied. The donee must demonstrate that the gift was prompted by the donor's fear of death from the illness and that the illness was the cause of death.

In the context of the second condition, the individual must gift their possessions due to the fear of death from the illness. This fear should be evident and verified by observers, including medical professionals. The illness should pose a high risk of fatality to qualify as a death-illness.

The third condition necessitates that the illness renders the individual incapable of performing their daily activities.

Mustak Ahmed v. Abdul Wahid highlighted that Marz ul Maut or mortal sickness involves a fear of death, an inability to carry out tasks, and death occurring within a year due to the illness, irrespective of being confined to a deathbed.

If the illness persists for a year without improvement, the individual is considered healthy. However, if the condition deteriorates and leads to death within a year of worsening, it is classified as mortal sickness.

Viewpoint of Marz ul Maut from Various Angles

Diseases under Marz ul Maut

• Marz ul Maut applies when the donor or testator is unwell, with the illness hindering their daily activities.
• Illnesses range from common cold to severe conditions like cancer, impacting individuals differently.
• Advancements in medicine can extend life, so illness is mortal when deemed so by a physician.
• Manageable conditions like diabetes do not qualify, while rapid, life-threatening diseases like pneumonia do.

Deathbed Gifts in Other Religions

• In Hindu law, Donatio Mortis Causa refers to gifts made anticipating death, governed by Section 191 of the Indian Succession Act, 1925.
• Deo Saran v. Deoki Bharathi case outlines conditions for gifts, movable or immovable, contingent on the donor's sickness-induced death.

Other Legal Effects of Marz ul Maut

Marriage Contracted on Death Bed

• A marriage entered into when a person is on their deathbed is typically considered invalid.
• If the individual survives the illness and lives on, the marriage can be validated through consummation.

Death-Bed Waqf

• Waqf, as defined by the Waqf Act of 1995 in Islam, involves endowments for religious, educational, or charitable purposes.
• A deathbed waqf, similar to other deathbed dispositions, is limited to affecting up to one-third of the property without heirs' consent.

Comparison of Applicability of Marz ul Maut in Shia and Sunni Law

Sunni and Shia Islamic traditions differ in the applicability of Marz ul Maut (gifts made during one's deathbed).

Sunni Law

• Requires consent of all heirs for bequests to an heir.
• Considers a bequest to an unborn child valid only if the child is born within 6 months of making the will.
• Deems the act of giving birth under Marz ul Maut.
• Does not recognize acknowledgments of debt in favor of an heir on the deathbed.

Shia Law

• Considers a bequest up to 1/3rd of the property valid even without unanimous consent.
• Extends the period for the birth of a child to 10 months for validating bequests.
• Does not include the act of giving birth to a child under Marz ul Maut.
• Recognizes and binds acknowledgments of debt in favor of an heir up to 1/3rd of the property.

These differences underscore the nuanced variations in the application of Marz ul Maut between Sunni and Shia legal traditions.

Conclusion

• Marz ul Maut pertains to gifts given by individuals on their deathbed, acknowledged in both Sunni and Shia laws. This legal concept deals with the specifics and consequences of bequests made by people who are nearing the end of their lives due to sickness or imminent death.
• For a Marz ul Maut to be considered valid, certain conditions need to be fulfilled. These include a clear declaration of the gift, acceptance by the recipient, and the actual or symbolic transfer of the possession.
• The rules and limitations surrounding Marz ul Maut differ between Sunni and Shia traditions. This disparity adds a layer of complexity to the comprehension and application of this legal principle within Islamic inheritance laws.