Evaluation of the Doctrine of Marz-ul-Maut in Muslim Law: A Pakistani Perspective

  • Aatir Rizvi GCU Lahore
  • Muhammad Azeem Farooqi PhD (Scholar-PULC), Visiting Faculty Member, Dr. Muhammad Iqbal Law School, GCU Lahore
Keywords: Marz-ul-Maut, Deathbed Illness, Gifts, Mortis Causa, Muslim Law


In Islamic law there are rules and doctrines for almost every aspect of human life and property owned by a Muslim is at his disposal during his lifetime and even after his death, he has the freedom to make a will (upto a certain extent). The transfer of property during deathbed illness or Marz-ul-Maut is somewhat in between the transactions inter vivos and testamentary dispositions and here too, Muslim jurists have provided elaborated rules and principles. This article will briefly discuss different rules regarding transfers during marz-ul-maut and also the effects of this deathbed illness on other aspects of human life especially marriage, divorces and acknowledgment of debt etc during this illness. This article will discuss different laws, rules and principles applicable in Pakistan in the context of marz-ul-maut and also discuss the rules pertaining to different schools of thought. Further the principles being followed by courts in Pakistan in cases pertaining to issues involved with marz-ul-maut are also elaborated. The research is qualitative and doctrinal in nature.


Dr. Nishi Purohit, The Principles of Mohammedan Law, p-733.
(2004) 4 ALT 624
Dr. Nishi Purohit, p-734.
Shamsul Hasan v Syed Hassan, AIR 1923 All 173
(1899) 3 C.W.N. 57
PLD 1977 SC 28
(1) Declaration (2) Acceptance (3) Delivery.
Fatawa-e-Alamgiri, IV, 561.
Unless all heirs consent to it.
Unless all heirs consent to it.
Unless all heirs consent to it
The rules may be: (1) Social position of woman, (2) wealth of husband, (3) qualifications (age, beauty, virtue etc.) of wife, (4) status of both, (5) time/period. (6) Dower given to wife’s female paternal relations etc.
Customary dower, it is also called, ‘proper dower’.
Dr. Nishi Purohit, p-736.
Here sick person means a person on death bed.
Imran Ahsan Khan Nyazee, Outlines of Islamic Jurisprudence, p-270.
Minhaj, 332.
Aatir Rizvi, Muslim Law & Jurisprudence, p-267
Begun v Kazbanoo (’57) P. Kar. 884 and Allah Rakha v Nawab etc, PLD 1967 Lah. 613.
How to Cite
Rizvi, A., & Muhammad Azeem Farooqi. (2023). Evaluation of the Doctrine of Marz-ul-Maut in Muslim Law: A Pakistani Perspective . Jihat Ul Islam, 16(2), 86-95. https://doi.org/10.51506/jihat-ul-islam.v16i2.592