What is the effect on a power of attorney if the principal is placed under guardianship regarding matters of litigation, incurring debt, divorce, khul', or retaliation (qisas)?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the power of attorney concerns litigation, purchasing on credit (in the dhimmah), divorce, khul', or retaliation, the agency remains valid. This is because the principal retains the capacity for these actions, and since the principal could initiate appointing an agent for these matters initially, the continuation of the appointment is not severed.