Darul Ifta, Darul Uloom Azaadville

Power Of Attorney

· 4 Shaʻban 1443 AH1 min readEnglish

Question

Can you please find out for me if POA ( Power of Attorney) can be given to a daughter?

In a case were mother is unwell can a son and daughter take power of attorney or should it only be the sons?

Answer

When a person grants someone Power of attorney he has infect made him/her his Wakeel (representative).The only requirements for a person who can be appointed as a wakeel is that he should be “Aaaqil and Mumayyiz” (He/she should be sane and possess understanding) .Thus it would be correct to grant Power of attorney to a daughter, if she fulfills the above requirement. It would also be correct to grant Power of Attorney to your son together with your daughter; if, again, they are both “Aaaqil and Mumayyiz”.

References (Arabic / Urdu sources)

بدانع الصنانع (ج6/ص20)

اللباب في شرح الكتاب (ص٢ ج ١٤٠)

درر الحكام في شرح مجلة الأحكام (ص١٨ ٥ ج ٣)

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/power-of-attorney/13085/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-13085

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