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Marad al-Mawt

Death-illness — the final illness during which gifts are treated as bequests.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.