Marz-ul-Maut (Death Illness) – Muslim Law
Marz-ul-Maut literally means “illness of death”. It is a legal concept in Muslim law that restricts a person’s power to make gifts (hiba) when they are on their deathbed.
1. What is Death-Illness (Marz-ul-Maut)?
A person is said to be suffering from Marz-ul-Maut when:
- The illness is serious and likely to cause death
- There is a reasonable apprehension of death in the mind of the person
- The person becomes unable to attend to ordinary affairs of life
- Death actually occurs from that illness (or shortly thereafter)
👉 It is similar to the concept of “deathbed disposition” in other legal systems.
2. Essentials of a Death-Bed Gift (Hiba during Marz-ul-Maut)
A gift made during Marz-ul-Maut is valid but subject to strict conditions:
(1) Donor must be in Marz-ul-Maut
- The gift must be made during death illness
- The donor should have fear of death
(2) Intention to make a gift
- There must be a clear intention (niyat) to transfer ownership
- It should not be a will in disguise
(3) Delivery of possession
- Actual or constructive delivery of the property is essential
- Without delivery, the gift is invalid
(4) Acceptance by the donee
- The gift must be accepted by the person receiving it
(5) Restriction: Only up to 1/3rd property
A death-bed gift is treated similar to a will:
- It is valid only up to 1/3rd of the estate
- If it exceeds 1/3rd → requires consent of heirs
(6) Cannot defeat rights of heirs
- Gift should not be made fraudulently to deprive legal heirs
Key Difference from Normal Gift (Hiba)
| Basis | Normal Gift | Gift in Marz-ul-Maut |
|---|---|---|
| Time | Any time | During death illness |
| Limitation | No limit | Max 1/3rd (without heirs' consent) |
| Nature | Absolute | Similar to will |
| Revocation | Generally irrevocable | Can be challenged |
Conclusion
Marz-ul-Maut acts as a legal safeguard to prevent misuse of gifts during a person’s last moments. It balances the donor’s freedom with the rights of heirs.
