Power of Attorney: Scope of Authority in General vs. Specific Power of Attorney

Practical Laws of Islam as per the teachings of Imam Khamenei

Power of Attorney: Scope of Authority in General vs. Specific Power of Attorney

English:

Question #1798:

The wording of attorneyship varies according to intents and purposes. Some are couched in general terms and others in specific ones. However, one phrase in particular is a source of misunderstanding between the agent and the principal. It is the one which gives the attorney the power to address all the issues pertaining to the issue of attorneyship. Is it permissible for the attorney to have an absolute right in that regard if his scope of actions is not restricted in any way?

Answer #1798:

It is obligatory for the attorney to act within the bounds set out for him in the deed of attorneyship, be they explicit or apparent. This may be aided by existing textual or circumstantial evidence, including that common practice indicates the contract is linked in some way to some other matters.

Generally speaking, there are different cases in attorneyship:

a) Power of attorney is specific to the property upon which to act and the act itself;

b) it is general in both aspects;

c) only in one aspect, it is general;

d) only as to the act, it is absolute, e.g. the principal says “you are my attorney in the case of my house”;

e) Only as to the property, it is absolute, e.g. the principle says “you are my attorney in selling my property”.

f) It is absolute in both aspects, e.g. the principal says “you are my agent in my property”.

In any of these cases, the attorney should suffice with what is included in general, specific, or absolute wording.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Power of Attorney