Thesis:

A comparative study of irrevocable advocacy in the jurisprudence of the five religions

Undismissed attorney is an attorney in which the client no longer has the right to dismiss the attorney and terminate the attorney. In other words, a simple power of attorney, which was a permissible contract, becomes necessary in the judgment of the contract when it is dismissed, and the other parties cannot rescind it. In Imami jurisprudence, a power of attorney contract is permissible, and each of the two parties has the right to terminate it, but the parties to the power of attorney contract They can make it a mandatory condition in the contract and limit or deny their right of termination according to the case. The famous Imami jurists have accepted the condition of representation in the marriage contract or in any other mandatory contract. It is necessary to obtain from the necessary contract and it becomes a free obligation as long as the main contract remains in force, the secondary obligation is also valid and the person who has made such an obligation does not have the right to dismiss, but if the condition (power of attorney) in the contract If it is permissible, it does not acquire more credit than the permissible contract. As a result, the permissible contract which is in the form of a condition can be terminated by terminating the original contract. Power of attorney is not necessary for a contract, it is exceptional in some cases and it is different according to the conditions under which power of attorney can be done. According to some contracts, the irrevocable power of attorney contract is removed. One of these cases is an exception in the marriage contract, when the power of attorney is signed by the spouse in the contract, or the power of attorney is in the sale of the same mortgage, or the news of the dismissal does not reach the lawyer and a contract is made, or the power of attorney is concluded in exchange for a change, like Jaala, from the point of view of jurisprudence. Imamiyyah, as well as Sunni sects, cannot be dismissed as attorneys. Therefore, it can be considered the permissibility of a proxy contract according to the majority of religious jurists.

Keywords: legal representation, fiqh, Khamsa religions.