THE GIFT OF USUFRUCT IN FAVOUR OF WIFE

Abstract

The gift of property to wife, especially to an issueless, for her life time, has been a common practice amongst the Muslims of the subcontinent. The case laws show that there have been differences between heirs of husband and wife over ownership of the so gifted property, after her death. What is the true position in the issue under Islamic law, and what is legal position in the light of case laws in Pakistan? Can a gift be construed in some situations as gift in lieu of debt? What if a husband disposes of his property, or its usufruct, through will in favour of his wife? This work tries to answer these questions.