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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Marz ul Maut - Judiciary Exams MCQ

Test: Marz ul Maut - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Marz ul Maut

Test: Marz ul Maut for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Marz ul Maut questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Marz ul Maut MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Marz ul Maut below.
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Test: Marz ul Maut - Question 1
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What is the primary significance of Marz ul Maut in Islamic law?

Detailed Solution for Test: Marz ul Maut - Question 1
Marz ul Maut plays a crucial role in Islamic law by governing the giving of gifts when an individual is critically ill or near death. 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. It holds significant importance in Islamic jurisprudence as it establishes the legal framework for gifts made under the unique circumstances of impending death.
Test: Marz ul Maut - Question 2
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How does the practice of Marz ul Maut differ between Sunni and Shia traditions?

Detailed Solution for Test: Marz ul Maut - Question 2
The practice of Marz ul Maut may vary between Sunni and Shia traditions, with differences in interpretations and applications based on respective legal schools. These variations can influence how the concept is understood and implemented within each tradition, showcasing the diversity and nuances present in Islamic legal practices.
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Test: Marz ul Maut - Question 3
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What is a crucial requirement for Marz ul Maut similar to Hiba but with a distinct limitation on the property that can be bequeathed?

Detailed Solution for Test: Marz ul Maut - Question 3
Marz ul Maut, akin to a gift but with constraints on property allocation, allows for the bequeathal of only up to one-third of the property. This limitation aligns with the principles of Wills or Wasiyat to protect the rights of heirs. It sets Marz ul Maut apart from a gift intervivos, which can involve the entire property, reinforcing the unique nature of this legal concept.
Test: Marz ul Maut - Question 4
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How does Marz ul Maut combine elements of the Law of Wills (Wasiyat) and the Law of Gifts (Hiba) while maintaining its distinct characteristics?
Detailed Solution for Test: Marz ul Maut - Question 4
Marz ul Maut, positioned as a gift but with features akin to a Will under Mohammadan Law, merges aspects of Wills and Gifts. Notably, it restricts the bequeathal to one-third of the property unless heirs provide consent, aligning with the principles of safeguarding heirs' rights. This unique combination distinguishes Marz ul Maut from conventional gifts, emphasizing its specialized legal standing.
Test: Marz ul Maut - Question 5
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What is a crucial aspect that differentiates the application of the doctrine of Marz ul Maut?
Detailed Solution for Test: Marz ul Maut - Question 5
One crucial aspect that differentiates the application of the doctrine of Marz ul Maut is the donor's belief in their imminent passing. This doctrine requires the individual to have a genuine intuition or sense that their end is near without any possibility of recovery, distinguishing it from cases where there might be hope for survival.
Test: Marz ul Maut - Question 6
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When does the doctrine of Marz ul Maut apply according to the case of Mumtaz Ahmed v. Wasi-un-Nissa?
Detailed Solution for Test: Marz ul Maut - Question 6
The case of Mumtaz Ahmed v. Wasi-un-Nissa clarified that the doctrine of Marz ul Maut is applicable only when the gift is made under the imminent threat of death. This implies that the donor must genuinely believe that their end is near with no hope of recovery for the doctrine to be invoked.
Test: Marz ul Maut - Question 7
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According to Mohammedan Law, what is a crucial factor in establishing a valid deathbed gift?
Detailed Solution for Test: Marz ul Maut - Question 7
In Mohammedan Law, a crucial factor in establishing a valid deathbed gift is the illness or malady directly leading to the donor's death. This illness is known as Marz ul Maut. It is essential for the sick individual to have a subjective fear or expectation of death due to the illness for a gift to be considered Marz ul Maut. Visible signs such as the inability to perform regular tasks serve as indicators of Marz ul Maut.
Test: Marz ul Maut - Question 8
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What condition must be met for a gift to be considered Marz ul Maut in Mohammedan Law?
Detailed Solution for Test: Marz ul Maut - Question 8
For a gift to be considered Marz ul Maut in Mohammedan Law, the sick individual must have a subjective fear or expectation of death due to the illness. The illness should pose a high risk of fatality and must be the direct cause of the donor's death within a specific period. This fear of death from the illness should be evident and confirmed by observers, including medical professionals.
Test: Marz ul Maut - Question 9
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What legal concept is illustrated by the conditions outlined in the Deo Saran v. Deoki Bharathi case?
Detailed Solution for Test: Marz ul Maut - Question 9
The Deo Saran v. Deoki Bharathi case elucidates the conditions surrounding gifts, movable or immovable, contingent on the donor's sickness-induced death. Such conditions are crucial in determining the validity and enforceability of gifts made in anticipation of the donor's death.
Test: Marz ul Maut - Question 10
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In Hindu law, what does Donatio Mortis Causa primarily refer to?
Detailed Solution for Test: Marz ul Maut - Question 10
Donatio Mortis Causa in Hindu law pertains to gifts that are made in contemplation of the donor's impending death, governed by Section 191 of the Indian Succession Act, 1925. These gifts have specific legal implications and are regulated under the relevant legal provisions.
Test: Marz ul Maut - Question 11
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What limitation exists for a deathbed waqf according to the Waqf Act of 1995 in Islam?
Detailed Solution for Test: Marz ul Maut - Question 11
As per the Waqf Act of 1995 in Islam, a deathbed waqf, similar to other deathbed dispositions, is restricted in its impact to up to one-third of the property without the consent of the heirs. This limitation ensures a balance between the donor's wishes and the rights of the legal heirs regarding property disposition.
Test: Marz ul Maut - Question 12
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According to Shia Law, what percentage of the property can be considered valid for a bequest without requiring unanimous consent?
Detailed Solution for Test: Marz ul Maut - Question 12
In Shia Law, a bequest up to 1/3rd of the property can be considered valid even without the need for unanimous consent from all heirs. This provision allows for a certain degree of flexibility in making bequests, enabling individuals to allocate a portion of their property according to their wishes without unanimous agreement from all heirs.
Test: Marz ul Maut - Question 13
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How does Sunni Law differ from Shia Law regarding acknowledgments of debt in favor of an heir on the deathbed?
Detailed Solution for Test: Marz ul Maut - Question 13
In contrast to Sunni Law, Shia Law does not recognize acknowledgments of debt in favor of an heir on the deathbed. This distinction highlights a key difference between Sunni and Shia legal traditions in the treatment of financial obligations and inheritances, emphasizing the diverse approaches within Islamic jurisprudence.
Test: Marz ul Maut - Question 14
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What does the legal concept of Marz ul Maut primarily involve?
Detailed Solution for Test: Marz ul Maut - Question 14
The legal concept of Marz ul Maut specifically deals with bequests made by individuals who are approaching the end of their lives due to sickness or imminent death. It involves the process of giving gifts or transferring possessions under specific conditions. This concept is significant in both Sunni and Shia laws, with variations in rules and limitations between the two traditions.
Test: Marz ul Maut - Question 15
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What conditions must be met for a Marz ul Maut to be considered valid?
Detailed Solution for Test: Marz ul Maut - Question 15
For a Marz ul Maut to be considered valid, certain conditions need to be fulfilled. These include the clear declaration of the gift, acceptance by the recipient, and the actual or symbolic transfer of possession. These conditions ensure that the gift-giving process is legally recognized and properly executed according to Islamic inheritance laws.
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