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Under the traditional Hanafi rule, a person acknowledges during a fatal illness that a debt is owed to…

The traditional Hanafi rule makes a deathbed acknowledgment of a debt in favour of an heir dependent on ratification by the other heirs. Without ratification or independent…

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Under the traditional Hanafi rule, a person acknowledges during a fatal illness that a debt is owed to one of the person's heirs. The person dies, the other heirs do not ratify the acknowledgment, and there is no independent proof. What is the effect on the claim against the estate?

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Answer and explanation

Correct answer B

The traditional Hanafi rule makes a deathbed acknowledgment of a debt in favour of an heir dependent on ratification by the other heirs. Without ratification or independent proof of the debt, the acknowledgment alone is insufficient against the estate.

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Option A

Under this rule, the acknowledgment is insufficient against the other heirs without their ratification.

Option B

The lack of ratification and independent proof prevents the acknowledgment alone from establishing the claim.

Option C

A surplus of assets does not cure the lack of proof against the other heirs.

Option D

Witnesses to the making of the acknowledgment do not independently establish the underlying debt or supply ratification.

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