Theoretical overview
Marz meaning illness and maut meaning death constitute the meaning of the term Marz-ul- Maut as an illness that results in death. A gift made by a person during marz is treated as a combination of both gift as well as wasiyat.
This disease must cause apprehension of death in its highest probability. Aperson cannot dispose of more than 1/3rd of his property during marz.
Essentials
- Apprehension of death
- Proximate degree of death
- Declaration by the testator
- Acceptance by the legatee
- Delivery of possession
Pronouncement of talaq is considered as valid during the marz, though a marriage contracted is invalid. Also, a contract made during the marz is a valid contract which is known as Mehr-ul-misl.
Test of death illness
Long prevailing or a serious disease cannot be considered as a death under this doctrine. The ingredient which is important is that, the apprehension of death is there. This doctrine applies to cases where gift is made under pressure of a sense of immense nature. Death illness shall be distinguished from a malady of long continuance.
Doctrine of Doratia Mortis Causa
This doctrine is same as the Marz-ul- Maut but there are certain differences which make separate from marz-ul-maut. Under this doctrine, only movable property can be gifted. Moreover, there is no limitation to the gift like the percentage of property or the eligible person.
Waqf
Section 2(1) of the mussalmaan Waqf Validity Act, 1913 states that waqf means the permanent dedication by a person professing the mussalmaan faith of any property for any purpose recognized by the mussalmaan law as religious, pious or charitable. Any person who is a sound major can form waqf. This deed can be oral or written. The written deed is known as waqfnama.
Relevant section
It is governed under shariat act which is not codified in itself
Important case laws
Mumtaz Ahmad vs. Wasi-un-missr (1948) – This doctrine applies to cases where gift is made under pressure of a sense of immense nature
Hasrat Bibi vs. Ghulan Jaffar – Death illness shall be distinguished from a malady of long continuance, diabetes where patient becomes accustomed in his disease and there is no immediate apprehension of his death won’t be included in death illness.
Legal maxim
Doctrine of Doratia Mortis Causa –
This doctrine is same as the Marz-ul- Maut but there are certain differences which make separate from marz-ul-maut. Under this doctrine, only movable property can be gifted. Moreover, there is no limitation to the gift like the percentage of property or the eligible person.
Points to remember
- Marz meaning illness and maut meaning death constitute the meaning of the term Marz-ul- Maut as an illness that results in death
- A gift made by a person during marz is treated as a combination of both gift as well as wasiyat.
- Long prevailing or a serious disease cannot be considered as a death under this doctrine.
- Pronouncement of talaq is considered as valid during the marz, though a marriage contracted is invalid.
