A Legal-Judicial Exploration into the Legal Character of Power of Attorney (Combined ‘Aqd and Īqā‘)

Although jurists and legal experts have clear standards for distinguishing ‘aqd (a bilateral act) from īqā‘ (a unilateral act), but it is difficult to say about some legal contracts whether they are among‘uqūd or īqā‘ because of the similarities they have with both kinds. Although a power of attorney is explicitly counted as ‘uqūd in Civil Law as well as the famous view among jurists and judiciary writers, its legal character is still a matter of debate. Some scholars say that power of attorney is an ‘aqd in legal character while the others regard it an īqā‘, however, some scholars cannot prefer one view and believe that power of attorney is something between ‘aqd and īqā‘. Indecision about the legal character of power of attorney origins in articles 656 and 681 of Civil Law. Article 656 explicitly mentions power of attorney as an ‘aqd, while Article 681 is codified in a way according to which a power of attorney is more similar to an īqā‘. Counting power of attorney among the contracts that are revocable easily by withdrawing the permission strengthens that view. Considering the definition, conditions, and the results of power of attorney, the writers of the paper believe, shows a way out of dissension that is establishing a new kind of legal contract namely “combined īqā‘” whose one instance could be power of attorney.