FAMILY LAW MODULE 2

A TESTAMENTARY DISPOSITION (WILL):

A testamentary disposition, commonly referred to as a will, is a legal

document that expresses a person's wishes regarding the distribution of
their property and assets after their death. In a will, the individual, known as
the testator, outlines how they want their estate to be managed and
distributed among beneficiaries.
Key components of a testamentary disposition (will) typically include:
1. Identification of the Testator: The will should begin by clearly identifying
the person making the will, including their full name and sometimes other
identifying details like address and date of birth.
2. Appointment of Executor: The testator appoints an executor, who is
responsible for carrying out the instructions in the will, managing the estate,
paying debts, and distributing assets to beneficiaries.
3.Description of Assets: The will should detail the assets and properties that
the testator owns at the time of their death. This may include real estate,
bank accounts, investments, vehicles, personal belongings, and any other
valuable items.
4.Beneficiaries: The testator identifies the individuals or organizations
(beneficiaries) who will inherit specific assets or portions of the estate.
5. Specific Requests: The testator may make specific bequests, which are
instructions for the distribution of particular assets to specific beneficiaries.
For example, they may leave a piece of jewelry to a family member or a sum
of money to a charity.
6. Residuary Estate: After specific bequests have been made, the residue of
the estate, known as the residuary estate, is distributed among the
remaining beneficiaries according to the testator's instructions.
7. Contingencies and Conditions: The will may specify conditions that must
be met for beneficiaries to receive their inheritance, such as reaching a
certain age or fulfilling certain obligations.
8.Guardianship: If the testator has minor children, the will may appoint
guardians to care for them in the event of the testator's death.
9. Witnesses and Signatures: A will typically requires the signatures of the
testator and witnesses to be legally valid. The number of witnesses and
specific requirements vary by jurisdiction.

CAPACITY OF THE LEGATEE:

The capacity of a legatee refers to the legal ability or eligibility of an

individual or entity to receive a bequest or inheritance under a will. In
general, the capacity of a legatee is determined by the laws of the
jurisdiction where the will is being executed.
Here are some common principles regarding the capacity of legatees:
1. Legal Age: In most jurisdictions, individuals must have reached the legal
age of majority to inherit property. The legal age varies depending on the
country or state but is typically 18 years old.
2. Mental Capacity: Legatees must have the mental capacity to understand
the nature of the inheritance and the implications of receiving it. This means
they must be mentally competent to accept the bequest.
3. Legal Status: Legatees must not be legally disqualified from inheriting
property. This may include individuals who have been convicted of certain
crimes or who are subject to legal restrictions, such as those imposed by
immigration laws.

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4. Existence: Legatees must exist at the time the will takes effect. This
means that individuals or entities named as beneficiaries must be alive or
legally established entities.
5. Compliance with Conditions: If the will imposes specific conditions on the
receipt of the bequest, the legatee must meet those conditions to inherit
the property.
NOTE: If a legatee lacks the legal capacity to inherit under the terms of a
will, the bequest may be deemed invalid, and the property may pass to
other beneficiaries or be distributed according to intestacy laws if no valid
will exists.
It's important for individuals drafting a will to consider the capacity of
potential legatees and to ensure that their wishes comply with the relevant
legal requirements to avoid potential disputes or challenges to the will's
validity. Consulting with a legal professional knowledgeable about estate
planning and inheritance laws can help ensure that a will accurately reflects
the testator's intentions and complies with applicable legal standards.

FORMALITIES OF A WILL:

The formalities of a will refer to the legal requirements that must be met for
a will to be considered valid and enforceable. While the specific formalities
can vary depending on the jurisdiction, there are several common
requirements found in many legal systems:
1. Legal Age and Capacity: The testator, the person making the will, must
generally be of legal age (usually 18 years old or older) and of sound mind at
the time of creating the will. They must understand the nature of the
document they are creating and the implications of its contents.
2. Intent: The testator must intend for the document to be their last will and
testament, directing the distribution of their property after their death.

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3. In Writing: Wills are typically required to be in writing, either handwritten
(holographic will) or typed. Some jurisdictions recognize oral wills
(nuncupative wills), but they are generally subject to strict limitations and
are not widely accepted.
4. Signature of the Testator: The will must be signed by the testator at the
end of the document. In some jurisdictions, the testator's signature must be
witnessed by others.
5. Witnesses: Many jurisdictions require the will to be witnessed by
competent individuals who are not beneficiaries named in the will. The
number of witnesses required and specific witnessing requirements can vary
by jurisdiction. Witnesses are typically required to sign the will in the
presence of the testator and each other.
6. Attestation Clause: Some jurisdictions require the presence of an
attestation clause, which is a statement signed by the witnesses affirming
that they witnessed the testator's signature and that the testator appeared
to be of sound mind and free from undue influence.
7. Revocation of Previous Wills: The will may include language explicitly
revoking any previous wills or codicils (amendments to a will) made by the
testator.

It's crucial to adhere to the formalities required by the laws of the

jurisdiction where the will is being executed. Failing to meet these
formalities can result in the will being declared invalid, leading to the
distribution of the testator's estate according to intestacy laws or previous
valid wills.
To ensure that a will is properly executed and legally enforceable, it's
advisable to seek guidance from a qualified legal professional who can
provide assistance in drafting and executing the document in accordance
with applicable laws and regulations.

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RESTRICTIONS ON TESTAMENTARY POWER OF
DISPOSITION

The testamentary power of disposition, or the ability of an individual

to dispose of their property through a will, is subject to certain
restrictions imposed by law and public policy. These restrictions vary
by jurisdiction but commonly include the following:
1. Spousal and Family Protection: Many jurisdictions have laws that
protect the rights of spouses and family members to inherit from the
deceased's estate. These laws often provide for a minimum share or
ensure that certain family members cannot be completely
disinherited. For example, in some jurisdictions, a surviving spouse
may be entitled to a portion of the deceased spouse's estate
regardless of what the will states.
2. Legal Formalities: As mentioned earlier, wills must generally meet
certain legal formalities to be considered valid. These formalities may
include requirements regarding the testator's age, mental capacity,
signature, and witness signatures.
3. Forced Heirship: Some jurisdictions have forced heirship laws that
prevent a testator from completely disinheriting certain family
members, such as children. These laws often ensure that a portion of
the estate passes to specific heirs by operation of law, regardless of
the provisions of the will.
4. Public Policy Considerations: Courts may invalidate provisions in a will
that violate public policy. For example, a provision that encourages
illegal activity or is discriminatory may be deemed unenforceable.
5. Undue Influence and Fraud: Wills can be challenged if there is
evidence of undue influence or fraud exerted on the testator. Undue
influence occurs when someone exerts pressure on the testator to
make decisions that benefit them unfairly. Fraud involves deceit or
misrepresentation in the execution of the will.

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 6. Capacity: A testator must have the mental capacity to understand the
nature and consequences of making a will. If the testator lacks
capacity at the time of making the will, the document may be deemed
invalid.
7. Charitable Trusts and Public Interests: Some jurisdictions impose
restrictions on the creation of charitable trusts or provisions in a will
that benefit public interests. These restrictions ensure that charitable
gifts are used for legitimate purposes and comply with legal
requirements.
It's important for individuals drafting a will to be aware of the restrictions
and requirements imposed by the laws of their jurisdiction. Consulting with
a qualified legal professional who specializes in estate planning can help
ensure that the will complies with legal requirements and is less susceptible
to challenges or disputes.

INTERPRETATION OF THE WILL :

The interpretation of a will involves understanding the meaning and intent

behind the provisions contained within the document. When interpreting a
will, courts strive to ascertain the testator's intentions and give effect to
those intentions to the extent permitted by law. Here are some key
principles and considerations in the interpretation of a will:
1. Plain Language: Courts typically interpret wills based on the plain and
ordinary meaning of the language used by the testator. If the terms of the
will are clear and unambiguous, the court will generally enforce them as
written.
2. Testator's Intent: The primary goal in interpreting a will is to discern the
testator's intent at the time of drafting the document. This intent may be
determined by examining the language of the will as a whole, as well as
considering the surrounding circumstances and the testator's relationship
with beneficiaries.

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3. Ambiguities: If the language of the will is unclear or ambiguous, the court
may consider extrinsic evidence, such as testimony from witnesses or
evidence of the testator's conversations or actions, to help determine the
testator's intent.
4. Presumptions: Courts may apply certain presumptions to aid in the
interpretation of a will. For example, there is a presumption against
intestacy, meaning that courts will strive to interpret a will in a way that
avoids leaving any part of the estate without clear instructions for
distribution.
5. Hierarchical Approach: When interpreting conflicting provisions within a
will, courts may apply a hierarchical approach, giving greater weight to
certain provisions over others. For example, specific bequests may take
precedence over general provisions.
6. Extrinsic Evidence: In some cases, extrinsic evidence, such as drafts of the
will, correspondence between the testator and their attorney, or other
documents, may be considered to shed light on the testator's intentions.
7. Public Policy Considerations: Courts may consider public policy concerns
when interpreting a will. For example, provisions that encourage illegal
activities or violate public policy may be deemed unenforceable.
8. Residuary Clause: The residuary clause of a will typically governs the
distribution of any remaining assets not specifically addressed in other
provisions. Courts will give effect to the residuary clause unless there is
evidence indicating a contrary intent by the testator.

Interpreting a will can be a complex process, particularly in cases where the

language is ambiguous or conflicting. It's essential for individuals involved in
the interpretation of a will to seek guidance from qualified legal
professionals experienced in estate law to ensure that the testator's
intentions are accurately carried out and to minimize the risk of disputes or
litigation among beneficiaries.

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REVOCATION OF THE WILL:

Revocation of a will refers to the act of canceling, nullifying, or rendering a

previously executed will ineffective. There are several methods by which a
testator can revoke a will, depending on the jurisdiction and the
circumstances:
1. Express Revocation: The most straightforward way to revoke a will is
through an explicit statement or action by the testator indicating their
intention to revoke the will. This may involve tearing, burning, or otherwise
destroying the physical document of the will with the intent to revoke its
contents. Alternatively, the testator may execute a new will that expressly
revokes all prior wills.
2. Implied Revocation: A will may be impliedly revoked if the testator takes
actions inconsistent with the provisions of the existing will. For example, if
the testator gets married after executing a will, the subsequent marriage
may automatically revoke the will or invalidate certain provisions unless the
will expressly contemplates the marriage.
3. Subsequent Will: A testator may revoke a previous will by executing a
new will that expressly revokes all prior wills or contains provisions that are
inconsistent with the earlier will. The new will should ideally contain a clause
explicitly revoking all prior wills to avoid any ambiguity.
4. Physical Destruction: As mentioned earlier, physically destroying the
original copy of the will with the intent to revoke its contents is a common
method of revocation. However, it's essential to note that accidental
destruction may not necessarily constitute revocation, and courts may
consider evidence of the testator's intent.
5. Revocation by Operation of Law: Certain life events or changes in
circumstances may automatically revoke a will by operation of law. For
example, divorce or annulment of a marriage may revoke provisions in favor
of a former spouse, and some jurisdictions may have laws that automatically
revoke a will upon the birth of a child.

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6. Revocation by Codicil: A codicil is a legal document used to make
amendments to an existing will. A testator may execute a codicil to revoke
specific provisions of the will without entirely revoking the entire document.

DISPOSITION INTER VIVOS (GIFT) :

A disposition inter vivos, often referred to simply as a gift, is a legal term

used to describe the transfer of property or assets from one person to
another during the lifetime of the giver (donor). Unlike testamentary
dispositions, which take effect upon the death of the testator, disposition
inter vivos takes effect immediately upon completion of the transfer.
Key characteristics of a disposition inter vivos include:
1. Transfer of Ownership: In a disposition inter vivos, the ownership of the
property or asset is transferred from the donor to the recipient (donee)
during the donor's lifetime.
2. Intent to Transfer: The donor must have the intent to make a gift and
transfer ownership of the property or asset to the recipient without
receiving anything of equivalent value in return. This intent to transfer the
property voluntarily distinguishes a gift from a transaction or exchange.
3. Delivery and Acceptance: For a disposition inter vivos to be legally valid,
there must be delivery of the property or asset from the donor to the
donee, and the donee must accept the gift. The method of delivery depends
on the nature of the property or asset being transferred.

4. No Consideration: Unlike contracts or other legal transactions, a

disposition inter vivos does not require consideration (value exchanged
between parties). The gift is made without expectation of compensation or
benefit from the donee.

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5.Irrevocable: In general, once a gift is completed and ownership is
transferred to the donee, it is irrevocable. The donor cannot reclaim the gift
unless there are specific circumstances, such as fraud, undue influence, or
incapacity.
6. Tax Implications: Depending on the jurisdiction and the value of the gift,
there may be tax implications for both the donor and the donee. Gift taxes
may apply if the value of the gift exceeds certain thresholds set by tax
authorities.

Common examples of disposition inter vivos include giving cash, real estate,
vehicles, stocks, jewelry, or other valuable assets to family members,
friends, or charitable organizations during the donor's lifetime.

It's important for individuals making gifts to understand the legal

implications and requirements associated with disposition inter vivos,
including any tax considerations and potential impact on their estate
planning goals. Consulting with a qualified legal or financial professional can
provide guidance on the appropriate methods for making gifts and ensuring
compliance with relevant laws and regulations.

GIFT (HIBA) DEFINITION ,CLASSIFICATION AND

ESSENTIALS OF GIFT

In Islamic law, a gift is known as "Hiba." It is a voluntary transfer of

ownership of property or assets from one person (the donor) to another
(the donee) without any exchange of consideration. Hiba holds significant
importance in Islamic jurisprudence and is governed by specific rules and
principles outlined in Islamic law.

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Here are the key aspects of Hiba:

1. Definition: Hiba, or gift, is defined as the voluntary transfer of ownership

of a specific asset or property from the donor to the donee without any
expectation of compensation or benefit in return. It is an act of generosity
and charity in Islam.
2. Classification:
-Revocable and Irrevocable: Hiba can be revocable or irrevocable.
Revocable Hiba allows the donor to revoke or cancel the gift during their
lifetime, while irrevocable Hiba cannot be revoked once it has been
completed.
-Conditional and Unconditional: Hiba can be conditional or unconditional.
Conditional Hiba includes specific conditions that must be met for the gift to
be valid, while unconditional Hiba does not impose any conditions on the
transfer of ownership.
-Immediate and Deferred: Hiba can be immediate or deferred. In an
immediate Hiba, ownership of the property is transferred to the donee
immediately upon completion of the gift. In a deferred Hiba, ownership is
transferred at a later specified time or event.
3.Essentials of Hiba:
- Offer and Acceptance: Like any contract, Hiba requires an offer by the
donor and acceptance by the donee. Both parties must consent to the
transfer of ownership voluntarily and without coercion.
- Delivery: There must be physical or constructive delivery of the gifted
property from the donor to the donee. The donee must take possession of
the gift, either immediately or at the specified time, for the Hiba to be valid.
- Intent: The donor must have the intention to make a gift and transfer
ownership of the property to the donee without any expectation of
compensation or benefit in return.

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 - Acceptance: The donee must accept the gift willingly and without any
undue influence. Acceptance can be expressed verbally or through actions
that indicate consent to receive the gift.
- Legal Capacity: Both the donor and the donee must have the legal
capacity to enter into the transaction. They must be of sound mind and
capable of understanding the implications of the gift.

Hiba is considered a virtuous act in Islam and is encouraged as a means of

expressing gratitude, kindness, and generosity toward others. However, it is
subject to specific rules and conditions to ensure fairness and justice in the
transfer of property and assets.

WHO CAN MAKE A GIFT , TO WHOM GIFT CAN BE MADE?

In Islamic law, the principles regarding who can make a gift (Hiba) and to
whom gifts can be made are based on specific guidelines outlined in Islamic
jurisprudence. Here's a general overview:
1. Who Can Make a Gift (Donor):
- Adults: Generally, any mentally competent adult who owns property or
assets can make a gift. The donor must have legal capacity and ownership
rights over the property they intend to gift.
- Muslims and Non-Muslims: Islamic law allows both Muslims and non-
Muslims to make gifts, provided they meet the necessary conditions and
requirements for Hiba.
- Guardians: In the case of minors or individuals who are not mentally
competent, their legal guardians may make gifts on their behalf, subject to
certain restrictions and conditions.

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 - Married Individuals: Married individuals can make gifts without the
consent of their spouses, but they must not harm the marital rights of their
spouses in doing so. Islamic law encourages mutual consultation and
agreement between spouses regarding financial matters.

2. To Whom Gifts Can Be Made (Donee):

- Muslims and Non-Muslims: Gifts can be made to Muslims and non-
Muslims alike, including family members, friends, relatives, and charitable
organizations.
- Spouses: Gifts can be made to spouses, children, parents, and other family
members, subject to certain limitations and conditions. It is considered
virtuous to provide for one's family members through gifts.
- Charitable Causes: Islamic law encourages giving gifts to charitable causes,
including mosques, schools, orphanages, and organizations that support the
needy and disadvantaged.
- Strangers and Neighbors: It is also considered commendable to give gifts
to neighbors, acquaintances, and individuals in need, as acts of kindness and
generosity are highly valued in Islam.
- Legal Entities: Gifts can be made to legal entities such as organizations,
institutions, and trusts, provided they are capable of receiving and managing
the gifted assets.
In making gifts, it's essential to ensure that the transfer of ownership is
voluntary, without any coercion or undue influence on either the donor or
the donee. Additionally, gifts should be made with the intention of seeking
the pleasure of Allah and promoting goodwill and mutual support within the
community. Consulting with knowledgeable individuals or scholars regarding
the specific rules and requirements for making gifts in Islam is advisable to
ensure compliance with Islamic principles and values.

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DELIVERY OF POSSESSION,MUSHA , REVOCATION OF
GIFTS

In Islamic law, the concepts of delivery of possession, Musa (co-ownership),

and revocation of gifts play important roles in the context of gifts (Hiba).
Let's explore each of these concepts:
1. Delivery of Possession (Qabdh):
Delivery of possession, or Qabdh, is an essential element of a valid gift in
Islamic law. It refers to the physical or constructive transfer of the gifted
property or asset from the donor to the donee. For a gift to be valid, the
donee must take actual possession or control of the gifted item.
- Physical Delivery: This involves physically handing over the gifted
property to the donee.
- Constructive Delivery: In cases where physical delivery is not possible or
practical, constructive delivery may suffice. This can include symbolic
gestures or actions that represent the transfer of ownership.
2. Musa (Co-ownership):
Musa refers to co-ownership or joint ownership of property or assets. In the
context of gifts, Musa can arise when the donor makes a gift to multiple
individuals jointly. Each co-owner has a share of ownership in the gifted
property.

- Equal Shares: By default, in the absence of specific instructions or

agreements, co-owners of a gifted property are presumed to have equal
shares.
- Rights and Responsibilities: Co-owners have rights and responsibilities
regarding the gifted property, including the right to use and enjoy the
property and the obligation to maintain and preserve it.
3. Revocation of Gifts:

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 In Islamic law, there are limited circumstances under which a gift (Hiba)
can be revoked:
- Mutual Consent: The donor and the donee may mutually agree to revoke
a gift. Both parties must consent to the revocation willingly and without
coercion.
- Conditionality: If a gift is made subject to certain conditions, the gift may
be revoked if the conditions are not fulfilled.
-Harm or Injustice: If the donor later realizes that the gift causes harm or
injustice to themselves or their dependents, they may seek to revoke the
gift.
- Fraud or Mistake: If the donor was deceived or made a mistake regarding
the nature or consequences of the gift, they may have grounds to revoke it.

-Revocable Gifts: Some gifts may be explicitly made revocable by the

donor at the time of the gift. In such cases, the donor retains the right to
revoke the gift at any time.

It's important to note that revocation of gifts should be done in accordance

with Islamic principles of fairness, justice, and mutual consent. Individuals
involved in gift transactions should seek guidance from knowledgeable
individuals or scholars to ensure that their actions comply with Islamic legal
principles and values.

DISTINCTION BETWEEN HIBA, ARIYA , SADAQA AND

WAKF, HIBA-BIL-SHARITULIWAD

In Islamic law, several concepts relate to charitable giving, endowments, and

gifts, each serving distinct purposes and having specific legal implications.

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Here's a distinction between Hiba, Ariya, Sadaqa, Wakf, and Hiba-bil-Shartul-
iwad:
1. Hiba:
- Hiba, commonly known as a gift, refers to the voluntary transfer of
ownership of property or assets from one person to another without any
exchange of consideration. It is an act of generosity and charity.
- Hiba is revocable or irrevocable, conditional or unconditional, and may
involve immediate or deferred transfer of ownership.
- It is governed by specific rules outlined in Islamic jurisprudence regarding
delivery, intent, acceptance, and legal capacity.
2. Ariya:
- Ariya refers to a loan or debt provided to someone in need, particularly in
times of financial hardship or distress.
- Unlike Hiba, Ariya is not a gift; rather, it entails the expectation of
repayment or return of the amount lent.
- Providing Ariya is considered a charitable act and is encouraged in Islam
as a means of assisting those facing financial difficulties.
3. Sadaqa:
- Sadaqa is voluntary charity or almsgiving in Islam, given out of goodwill
and compassion to help the less fortunate and needy individuals or causes.
- Unlike Hiba, Sadaqa does not involve the transfer of ownership of assets;
rather, it involves giving money or resources to those in need as an act of
worship and obedience to Allah.
- Sadaqa can take various forms, including monetary donations, food
distribution, helping the poor, supporting education, and contributing to
charitable organizations.

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4. Wakf: Wakf refers to an endowment or charitable trust created by
individuals to dedicate specific assets, such as property, funds, or resources,
for religious, educational, or social purposes in perpetuity.
- The assets dedicated as Wakf are held in trust and cannot be sold,
transferred, or used for personal gain; instead, they are managed and
utilized for the intended charitable purposes outlined in the Wakf deed.
- Wakf plays a crucial role in supporting mosques, schools, hospitals,
orphanages, and other charitable initiatives in Muslim communities.
5. Hiba-bil-Shartul-iwad:
- Hiba-bil-Shartul-iwad, also known as a conditional gift with the option of
return, is a type of gift where the donor retains the right to revoke or
reclaim the gifted property during their lifetime under specific conditions.
- The conditions for the return of the gifted property may include the
occurrence of certain events, such as the donor's financial need or the
inability of the recipient to fulfill certain obligations.
- While Hiba-bil-Shartul-iwad allows the donor some degree of control
over the gifted property, it is subject to Islamic legal principles regarding
fairness, justice, and mutual consent.

In summary, while Hiba involves the transfer of ownership through a gift,

Ariya refers to loans or debts, Sadaqa entails voluntary charity, Wakf
involves endowments for charitable purposes, and Hiba-bil-Shartul-iwad is a
conditional gift with the option of return. Each concept serves distinct
purposes within the framework of Islamic principles and values.

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GIFT DURING DEATH ILLNESS (MARSUL MAWT)

In Islamic law, there is a concept known as "Marsul Mawt," which

refers to gifts made by a person during their death illness or on their
deathbed. Marsul Mawt involves the voluntary transfer of property or assets
by an individual who anticipates their impending death due to illness or old
age. The motivation behind Marsul Mawt is often rooted in the desire to
distribute one's wealth and assets in accordance with Islamic principles and
to seek reward and forgiveness from Allah.

Here are some key points regarding Marsul Mawt:

1. Permissibility: Marsul Mawt is generally permissible in Islamic law,
provided certain conditions are met. The Prophet Muhammad (peace be
upon him) allowed individuals to make gifts during their death illness as a
means of distributing their wealth and settling their affairs.
2. Intent and Sincerity: The person making the gift during their death illness
must do so with sincerity and a genuine intention to seek reward from Allah
and provide for their loved ones. The gift should not be made under
coercion or undue influence from others.
3.Reasonable Limits: While Marsul Mawt allows individuals to distribute
their wealth, it should be done within reasonable limits and in accordance
with Islamic principles of fairness and justice. The gift should not unduly
harm the rights or interests of heirs and beneficiaries entitled to inherit from
the deceased's estate.
4. Recognition of Heirs: Marsul Mawt should not disregard the rights of
legal heirs and beneficiaries entitled to inherit from the deceased's estate
under Islamic law. The person making the gift should consider the rights of
spouses, children, parents, and other heirs when distributing their assets.
5. Witnesses and Formality: It is advisable for Marsul Mawt gifts to be
witnessed by trustworthy individuals who can testify to the donor's intent

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and mental capacity at the time of making the gift. While formalities may
vary, having witnesses can help ensure the validity and authenticity of the
gift.
6. Charitable Intent: Marsul Mawt gifts may also include charitable
donations and contributions to religious causes, such as mosques, schools,
orphanages, and other charitable initiatives. Supporting charitable
endeavors during one's death illness is considered a virtuous act in Islam.
7. Seeking Forgiveness: Marsul Mawt presents an opportunity for
individuals to seek forgiveness for their sins and to reconcile any
outstanding disputes or grievances with family members and others. Making
amends and seeking reconciliation is encouraged in Islam, especially during
times of illness and approaching death.

Overall, Marsul Mawt reflects the Islamic values of generosity, compassion,

and concern for the welfare of others, particularly during challenging times
such as illness and approaching death. It is important for individuals
contemplating Marsul Mawt gifts to seek guidance from knowledgeable
scholars or legal experts to ensure that their actions comply with Islamic
principles and legal requirements.

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