Power of Attorney: Validity of Retaining Payment When Attorney Fails to Perform the Task

Practical Laws of Islam as per the teachings of Imam Khamenei

Power of Attorney: Validity of Retaining Payment When Attorney Fails to Perform the Task

English:

Question #1802:

A person appointed another as his attorney to carry out a particular job and paid him beforehand as stipulated in the contract. Is it shar‘ī for the attorney to have the money if he does not do the job?

Answer #1802:

The attorney has the right to get his pay, as called for in the contract, as soon as it is concluded. He has, therefore, the right to demand payment, even before embarking on the job which he was hired to do. However, if he does not do the job described in the attorney deed, so much so that the time for the job/of being attorney expires, the attorney deed is cancelled, in which case he has to return the money to the principal.

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