Abstract

In the religion of Muslim, each and every aspect of the life, to the miniscule detail is listed in their own personal laws i.e., Muslim Personal Law (Shariat) Application Act, 1937. One such thing is “Marz-ul-maut” which simply means gift in death bed. Here, when a person has reasonable apprehension of death, he is allowed to gift his property (to an extent) to a person. Death bed gifts are recognised under most of the personal laws, but they differ due to the circumstances and facts in each case. Marz-ul-maut gift, derives its nature from both “Hiba” (law of gifts) and the law of wills. Due to this, it is not exactly a gift nor a legacy, it is a hybrid of the both will and gifts. Marz-ul-maut differs in various sects, like the Malikis regard it as void and the Hanafis and the Shias hold it to be good till an extent of 1/3rd of the property.

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