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How does Muslim law limit the amount of property a competent owner may give away by an ordinary…

Muslim law permits a competent owner to give away the whole of the property by a valid ordinary lifetime gift. Wills and gifts made during a qualifying death illness follow…

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How does Muslim law limit the amount of property a competent owner may give away by an ordinary lifetime gift made outside a deathbed illness?

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Answer and explanation

Correct answer A

Muslim law permits a competent owner to give away the whole of the property by a valid ordinary lifetime gift. Wills and gifts made during a qualifying death illness follow separate rules. For example, the ordinary testamentary limit without the heirs’ consent is one-third of the net estate after funeral expenses and debts.

Option feedback

Option A

There is no fixed fraction for a valid ordinary lifetime gift. The owner may give away the whole of the property.

Option B

No two-thirds limit applies to a valid ordinary lifetime gift.

Option C

The one-third limit concerns testamentary dispositions and can also apply to a death-illness gift. It does not govern the ordinary lifetime gift asked about here.

Option D

No one-fourth limit applies to a valid ordinary lifetime gift.

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