ISSUE:
Whether the gift was made by the ailing person while under the apprehension of the death and further whether in such ailing he met his death?
When is the marz-ul-maut legislation applicable?
RULE:
The mere accident of death, which is a certainty in human existence, is not sufficient to invalidate the provisions. Basic jurisprudence and judicial pronouncements about this theory make it abundantly evident that the English phrase "death-illness" does not adequately convey the meaning of the word "marz-ul-maut." This notion seems to include a disease or ailment leading to death or resulting in the death of the affected individual. Because of this, the evidence of death. Its cause and the situation of the individual have their own distinct importance.