Home  ›  Ilm Hub  ›  Glossary  ›  Wakalah
Ilm Hub

Wakalah

Agency — authority to act on another's behalf, ending at death.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

Agency — authority to act on another's behalf, ending at death.

In Islamic law

A wakil acts within the authority granted. Like a Canadian power of attorney, the agency lapses on the death of the principal, at which point authority passes to the executor of the estate.

In Canadian law

Functionally the power of attorney. Drafting a POA that is valid provincially is what gives wakalah legal effect in Canada.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.