Death-illness — the final illness during which gifts are treated as bequests.
In Islamic law
Transfers made during the illness from which a person dies are treated as wasiyyah, so the one-third cap and the bar on gifting to heirs apply. The rule prevents a person from redistributing the estate on their deathbed to defeat the fixed shares.
In Canadian law
Canadian equivalents are the doctrines of donatio mortis causa, suspicious circumstances, and testamentary capacity, plus undue influence. The reasoning is similar even though the mechanics differ.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Undue influence will challenge ontario
- Undue influence will challenge ontario
- Suspicious circumstances doctrine will challenge ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Undue influence will challenge ontario — Treadstone Law
- Undue influence will challenge ontario — Treadstone Law
- Suspicious circumstances doctrine will challenge ontario — Treadstone Law
- Charitable gifts bequests ontario will — Treadstone Law
- Wills & estates practice — Treadstone Law