Does a divorce pronounced by an agent take effect even though the principal canceled the power of attorney via text message before the divorce was pronounced?
The condition mentioned in the power of attorney, stating that it cannot be revoked, is incorrect. The principal can dismiss his agent whenever he wishes, even if the agency is periodic or if a condition was stipulated against dismissing the agent. This is because the agency is a right of the principal, and he has the right to invalidate it. Therefore, the divorce pronounced by your agent is invalid, and the wife is still under your marital bond. However, your continued cohabitation with her despite the issuance of a divorce certificate is a serious matter that entails great harms. If you wish to retain her, you should nullify the divorce issued by your father in the official documents, in order to preserve rights and avert harms.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 131402
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy