SHARIAsource

The applicant sought to impugn a gift executed by the deceased in 2002, one year prior to the deceased's passing in 2003. The court acceded to the application, rendering the bequest process null and void for the following reasons:

1. the deceased's health was in a critical condition at the time of making the bequest;
2. the consent of the plaintiff (as a benefactor) was lacking;
3. the deceased made no oral declaration (Ijab Kabul) at the time; and
4. the witnesses involved in the notary deed process were not family members, as required.