Marz Ool Maut - Definition - Law Dictionary Home Dictionary Definition marz-ool-maut

Definition :

Marz-ool-maut, under the Mohemmedan Law, the term 'marz-ool-maut' is applicable not only to disease which actually cause death but to diseases from which it is probable that death will ensure so as to engender in the person affected with the disease an apprehension of death. A person labouring under such a disease cannot make a valid gift of the whole of his property until a year has elapsed, from the time he was first attacked by it. When a gift is made by a person labouring under such a disease, it will be good only to the extent of one-third of the subject of the gift, if the donee had been put into possession by the donor, Labbi v. Bibbun, 6 NWP 159.

To establish 'Marz-ool-maut there must be present at least the following conditions--

(1) Proximate danger of death so that there is, as it is phrased, a preponderance (ghaliba) of knout or apprehension, that is, that at the given time death must be more probable than life;

(2) there must be some degree of subjective apprehension of death in the mind of the sick person;

(3) there must be some external evidence chief among which I would place the inability to attend to ordinary avocations', Sarabhai v. Rabiabai, 30 Bom 537; Mohammad Mashud Hasan Khan v. Mohammad Anwar Husain Kehan, 6 ALJ 503; Sheikh Mohammad v. Khudija Bibi, 12 ALJ 132.

Marz-ul-maut, a gift. For a gift to be declared invalid owing to its having been made in 'Marz-ul-maut', the following conditions must be satisfied: (1) that the donor was suffering at the time of the disposition from a disease which was the immediate cause of his; (2) that the disease was such as to engender in him the apprehension of death; (3) that the illness incapacitated him from the pursuit of his ordinary avocations and prevented him from saying his prayers while standing. The onus of proving these conditions lies on the person impeaching the gift, Abdul Ahad Khan v. Ahmad Nawaz Khan, 12 Lah 683.

Marz-ul-maut, is a malady which induces an apprehension of death in the person suffering from it and which eventually results in his death. There are three tests laid down to determine whether illness is to be regarded as marz-ul-maut. They are: (1) Proximate danger of death so that there is a preponderance of Khauf or apprehension that at the given time death must be more probable than life. (2) There must be some degree of subjective apprehension of death in the mind of the sick person. (3) There must be external indicia chief among which would be the inability to attend to ordinary avocations, Rashid Karmalli v. Sherbanoo, 31 Bom 264; CGT v. Abdul Karim, AIR 1991 SC 1847 (1852): (1991) 3 SCC 520.