Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Doctrinal Development of “Maraḍ Al-Mawt” in the Formative Period of Islamic Law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Islamic Law and Society

Muslim jurists were at first reluctant to place restrictions on gratuitous dispositions by a dying person. During the first quarter of the second century/second quarter of the eighth century, however, they created a concept of “a sickness causing a fear of death” (al-maraḍ al-mukhawwif) to safeguard the interests of heirs and creditors. They did so by introducing the principle that a gratuitous disposition made by a sick person for the purpose of modifying the inheritance rules should be subject to the bequest restrictions. At the same time, Muslim jurists permitted the wife divorced by her dying husband to inherit from him by according her, retrospectively, inheritance rights at the moment when her husband contracted a sickness which led irrevocably to his death. By the end of the third quarter of the second century/end of the eighth century, the jurists had combined these two definitions of sickness to form the classical theory of death-sickness (Maraḍ Al-Mawt).

Affiliations: 1: Tokyo University, Japan


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Islamic Law and Society — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation