🔍 Understanding MARĪẒ: Death-bed Illness Rules in Islamic Law
Comprehensive Definition
Marīẓ (مريض): A term from Islamic jurisprudence referring to a person who is considered to be on their deathbed due to sickness, significantly impacting their legal ability to dispose of property through gifts.
Etymology
Marīẓ stems from the Arabic root مريض, meaning “sick” or “ill.” It specifically relates to severe illnesses where there is an imminent risk of death.
Background
In traditional Islamic law, particularly within the Hanafī school, there are specific rules set out to handle the affairs of a marīẓ, a person considered critically ill and potentially nearing death. This classification has significant implications for the validity and extent of legally binding declarations, such as gifts or bequests, made by the person.
Cultural Differences and Similarities
Different Islamic schools of thought (madhāhib) handle the concept of marīẓ slightly differently. For example:
- Hanafī: Requires a person to be in a critical state of illness where death is apprehended, after which certain restraints are placed on their capacity to gift property.
- Shāfiʿī, Mālikī, and Ḥanbalī: May have varied stipulations regarding the period of illness and the proportion of property distributions.
Synonyms
- Muhtadar (مُحتضَر): Dying person, particularly in the final moments or hours.
- Sick (سقيم): General term for being unwell.
Antonyms
- Ṣaḥīḥ (صحيح): Healthy or well.
- Āfī (عافي): Recuperating or convalescent.
Related Terms
- ʿĀqil (عاقل): One who is sane or rational, able to make legal decisions.
- Wasi (وصي): Executor or administrator of an estate.
Exciting Facts
- Timeline Definition: According to the Hidāyah, the state of being marīẓ is specific to those who are bed-ridden due to illness and this impacts their legal directives around gifting more than their designated one-third of property.
- Historical Context: These definitions have historical precedence in ensuring that property laws are applied justly without disadvantaging the person’s heirs.
Quotations
“Paralytic, gouty, or consumptive persons, where their disorder has continued for a length of time, and who are in no immediate danger of death, do not fall under the description of marīẓ.” - Hidāyah
Suggested Literature
- “The Reliance of the Traveler” (Umdat al-Salik) by Ahmad ibn Naqib al-Misri
- “Hidāyah” translated by Charles Hamilton and later edited by Grady
References
- Grady’s edition of the Hidāyah, p. 685.
- Understanding Islamic Law: From Classical to Contemporary, Edited by Hisham M. Ramadan.
Elementary knowledge is an ever-expanding treasure; may our studies illuminate our path to wisdom and empathy. – Ibrahim Awad
