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.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. 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:
- Ontario power of attorney valid other provinces
- Does power of attorney end at death ontario
- Power of attorney vs will ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Ontario power of attorney valid other provinces — Treadstone Law
- Does power of attorney end at death ontario — Treadstone Law
- Power of attorney vs will ontario — Treadstone Law
- When does poa property come into effect ontario — Treadstone Law
- Wills & estates practice — Treadstone Law