Does sleep, intoxication, or fainting terminate a power of attorney?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 8 · Bab 1

Open in Qurani

Primary text

The power of attorney is not nullified by sleep, intoxication, or fainting because these states do not remove the legal capacity for disposition, nor does a legal authority (wilayah) become established over the individual during these states.

Supporting text

Exception is made if intoxication leads to immorality (fisq); in that case, the detailed rulings previously mentioned regarding immorality apply.