İslâm Hukukunda Bir Tasarrufta Birden Çok Vekil Tayini ve Sonuçları
Assignment of Multiple Attorney in a Transaction in Islamic Law and Its Consequences

Summary/Abstract: According to Islamic Law, it is possible to authorize more than one attorney for a job to perform a task. However, there are various situations and opinions about acts of attorneys independent of each other. When those attorneys are appointed with separate contracts, they can act separately to perform the task of the power of attorney subject. Attorneys assigned under the same contract must act together as a rule. The client can grant the attorneys permission to act independently. According to the Ḥanafīs, attorneys can act separately in situations where both attorneys’ views are not needed. Views of both attorneys are needed in cases such as divorce without in exchange for payment, contract of mandate, delivery of a grant of which itself and grantee is specific, usurped goods, return of the sold goods in void contracts and payments of client’s debts. Joint-performance of such incidents is necessary in order not to effect the result or to secure the client. Regarding attorneydom, it is performed by one attorney to avoid confusion on trial even if it is one of the situations in which views of all attorneys are required. General principles related to the subject are stated as per above in Islamic Law sources. Yet, all possibilities about separate or joint performance of power of attorneys appointed together in the same contract are not mentioned. In this article, views of Islamic schools of law will be presented on appointment of more than one attorney for a disposition and related principles within the Islamic Law are tried to be determined.

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