Introduction
Muslims have the same legal rights as Hindus in this country. This was the product of the British Raj, allowing every faith to implement secular laws. The Shariat is the fundamental element that makes Muslim personal law. It is a significant legal matter in Islam as it concerns themes like spread, will gifts, and especially death-related decisions.
Marz-ul-Maut unites the words ‘Marz’ and ‘Maut’. Marz represents a health problem or disease, whereas Maut indicates death. Marz ul Maut can be described as a deathbed present. It gets known through someone’s bodily well-being rather than their opinions. It specifically refers to an occurrence that suggests there is little hope of recovery and one’s death is close.
What truly does Marz-ul-Maut advocate on?
Marz-ul-Maut embodies gifts given on one’s deathbed. It refers to transferring valuable possessions as a person nears the final stage of their life due to ailment or dread of premature death. The word is derived from Arabic, wherein “Marz” implies a disease or disorder, and “Maut” means demise. Marz ul Maut needs specific legitimacy requirements, including an explicit explanation of the current, acceptance by the recipient, and an authentic or virtual surrender of possession.
Primary aspects of Marz-ul-Maut
Gifts made on one’s deathbed have limitations, primarily because it is difficult for the parties concerned (heirs and recipient) to verify the legality of the gift. This challenge comes from the format of spoken gifts and the requirement for unambiguous evidence. Marz ul Maut is a gift that must meet the standards given for Hiba. These conditions include the following:
- The physical condition or sickness must culminate in their demise.
- One must have a genuine dread of losing their life as a result of this medical condition. Age just does not justify Marz-ul-Maut. Thus, this rule is not pertinent to men who expire organically of older age.
- The disease or major illness should be clear on the outside of the person.
- Anyone acting as the beneficiary of the stuff needs to be delivered control.
- If a person stays alive, his will becomes invalid.
- Not any explanation to rule out an unforeseen heir or successor?
- The worth of property that may be stipulated is limited to 1/3 of the entire worth of the properties until the heir affirms; so, while Marz-ul-Maut is performed solely, no Muslim has the authority to abdicate any successor.
A couple of points stated prior are summarised below:
Demise of a testator.
A person journeying onto Mar-ul-Maut is bound to be having trouble with a lethal disease or problems that may result in the parish. If the individual remains living, the person’s transfer will not be legally recognized. The giver’s funeral is a requirement for obtaining the Marz-ul-Maut deal; if anyone donates lives, the transfer does not count for Marz-ul-Maut, and the only question to address is whether they were a justified Hiba.
Genuine dread passing
Presents shortage due to the fear of immortality, which occurs when a person who contributes suffers from a terrible condition with a high possibility of death. The buyer, not the ones who look after them, is inevitably scared of death. Thus, if guests and their physicians are unaware of his impending death, but the person who transfers is, donations performed under Marz-ul-Maut are appropriate.
In the proceeding titled Shaik’s Nurbi v Pathan Mastanbi and Ors, the superior court pointed out that the following criteria ought to be met for the designation to be designated Marz-ul-Maut. These are:
- The overwhelming majority of dread associated with death originates from the instantaneous threat of their demise.
- Sick individuals may experience an inner fear of death, and also
- external signs such as difficulty doing daily tasks.
In Mustak Ahmed vs. Abdul Wahid, it was argued that Marz ul Maut, or mortal disease, is characterized by the sick person’s fear of death, an unwillingness to deal with business, and death within a year as a result of the circumstance, with or without confinement on their deathbed.
Outside signs
Develop dread around the transferor’s impending death as a result of a major ailment, and certain external evidence of his poor health, such as his inability to deal with normal activities and even his primary work, may be used. A horrible ailment wrecks a common human good health, rendering him incapable of conducting his domestic and social duties or obligations. As an illustration, if a man or woman is unable to perform their duties. A second test has been developed to detect the presence of external indicators of someone’s ailment; if he or she is unable to perform a prayer stand-up, the illness must be declared lethal.
A pecuniary contribution provided by Marz-ul-Maut is enforceable to the limit stipulated by regulations, equivalent to one-third, as found in the courtroom trial, Fazal Hussain Khan, vs Ali Hussain and Others.. The Marz-ul-Maut inherit exceeds to one-third within the deceased’s securities.
A transfer made under Marz-ul-Maut is exempt from gift tax and does not fall under the gift purview. The Indian Supreme Court made the above decision in the dispute of the Commissioner of Gifts Tax versus Abdul Karim Mohammed..
Case Laws
Through Shaikh Tufail Ahmed versus M. Umme Khatoon and Other A lower court estimated that the Marz-ul-Maut doctrine was irrelevant because the particular individual who handed over ownership died of spontaneous cardiac arrest. She may have predicted a potential death, but the events and circumstances, i.e., the facts of the case, indicated that there had been no fear of a quick demise.
In the instance, of Ibrahim Goolam Ariff vs. Saiboo, the court determined that Goolam Ariff had been an elderly and ailing man who suffered from vascular and liver disease. The Privy Council held that a gift had to be considered delivered amid Marz-ul-Maut even if it originated beneath the burden of the impending death.
In the case of Sarabhai versus Rabiabai, the justices stated that for an infection to be marked as Marz-ul-Maut, there is a close threat of death that causes a profound degree of fear of approaching death, an unreasonable degree of inflexible stress of passing in the affected individual’s thinking, alongside certain external clues, such as declining from undertaking one’s usual leisure activities. However, just because someone devotes himself to his regular vocation does not mean that he has no pain from Marz-ul-Maut.
The Safia Begum v Abdul Rajak The judgment reinforces the notion that the responsibility of demonstrating the donor’s death illness is on the party stating it.
Comparison of the validity of Marz-ul-Maut in Shia and Sunni spiritual beliefs
According to Sunni and Shia Islamic traditions, the use of Marz ul Maut (gifts made on one’s deathbed) varies. Sunni law obliges each heir’s approval before giving a gift to a successor.
Yet, under Shia law, leaving a gift of up to one-third of the real estate is deemed legitimate even without the majority’s permission. Gifts to an upcoming child are legal under Sunni law if the baby has been born between 6 months of the will being made (Marz ul Maut), but Shia law expands this limit to 10 months.
Sunni law considers childbirth to be Marz ul Maut, but Shia law does not. Furthermore, under Sunni law, loan acceptance on one dying for the benefit of an heir is ineffective, whereas, in Shia law, such acknowledgements are recognized and bound up to one-third of the property.
Summary
Marz ul Maut is a vital legal doctrine of Islam that has profound consequences for ownership and final decisions. While a person’s medical condition defines Marz ul Maut the ramifications of the statute are complex and must be penetrated carefully. Muslims should be educated on Marz ul Maut-related regulations and guidelines to make informed decisions concerning wills along with end-of-life care. The quantity of real estate that can be passed down and the laws controlling Marz ul Maut differ between Sunni and Shia social norms, making it difficult for people to comprehend and apply this important legal concept, as well as the impact created by Islamic inheritance law.
Author(s) Name: Rishabh Krishan (Amity University Jharkhand)
