Abdul Hafiz Beg v. Sahebbi, AIR 1975 Bom 165
Easy English explainer for classroom and exam prep.
Quick Summary
The Court had to decide if a gift made by an ailing man, a day before his death, was a marz-ul-maut (death-illness) gift. Under Muslim law, such gifts face strict checks. The Court said: look for three signs — disease, fear of death, and incapacity. On facts, these signs existed. So the donation fell within marz-ul-maut principles. The appeal failed.
Issues
- Was the gift made while the donor was under fear of death, and did he die from that illness soon after?
- When does marz-ul-maut apply to test the validity of a deathbed gift?
Rules
- Mere death is not enough: Death is natural; by itself it does not make a gift a marz-ul-maut gift.
- Elements of marz-ul-maut: (1) disease or ailment, (2) donor’s apprehension of death, and (3) incapacity showing seriousness of the illness.
- Inference rule: Fear of death may be inferred from the presence of disease and incapacity, read with surrounding circumstances.
- Context matters: Courts assess cause of death, nature of disease, donor’s physical and mental state, timing, and conduct at the time of disposition.
Facts (Timeline)
Before 1 Feb: Abdul Kadar became seriously ill and never recovered.
During illness, he could not care for himself; communication became weak and non-verbal.
He showed distress, cried, and signalled to family, indicating fear and helplessness.
~24 hours before death: He made a donation/gift while still in that condition.
4 Feb: He died soon after, from the same illness.
Arguments
Appellants
- Gift was valid; mere death later cannot invalidate it.
- No strict proof of marz-ul-maut elements was produced.
- English term “death-illness” should not be stretched beyond text.
Respondents
- Disease, fear of death, and incapacity were present.
- Gift was made a day before death; proximity shows marz-ul-maut.
- Context proves a classic deathbed donation covered by Muslim law rules.
Judgment
The High Court held that all three elements were satisfied: a serious disease, the donor’s apprehension of death, and visible incapacity. The timing was immediate—gift within a day of death. Therefore, the donation fit the rules of marz-ul-maut. The appeal was dismissed; no order as to costs.
Ratio
- Marz-ul-maut needs more than the fact of death: it needs disease, fear of death, and incapacity read with circumstances.
- Fear of death can be inferred from the other two factors and the donor’s conduct.
- English phrase “death-illness” is not a perfect translation; courts must examine medical and situational context.
Why It Matters
- Gives a practical test for deathbed gifts under Muslim law.
- Guides trial courts on what evidence to collect and weigh.
- Protects heirs from unfair last-minute dispositions made in extremis.
Key Takeaways
- Show disease + fear of death + incapacity to establish marz-ul-maut.
- Mere death is not enough; look at cause, timing, behaviour.
- Courts prefer a contextual, evidence-led approach over labels.
Mnemonic + 3-Step Hook
Mnemonic: “DFI = Deathbed Gift Test”
- Disease: a serious ailment is present.
- Fear: donor expects a fatal outcome.
- Incapacity: conduct shows weakness/helplessness.
IRAC Outline
Issue
Was the gift made in marz-ul-maut so that stricter rules apply?
Rule
Disease + fear of death + incapacity; mere death post-gift is not enough.
Application
Evidence showed severe illness, mental/physical weakness, gestures, and gift a day before death.
Conclusion
Gift satisfied marz-ul-maut criteria; appeal dismissed; no costs.
Glossary
- Marz-ul-Maut
- Death-illness: legal concept in Muslim law for gifts made when death is feared and illness is serious.
- Deathbed Gift
- Disposition made in extremis; often tested for fairness and capacity.
- Incapacity
- Observable weakness of body/mind showing the depth of illness.
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