Rafed English

Rules regarding agency (Wakalat)

Wakalat means that a person delegates somebody a task (like concluding a transaction), which he himself had a right to do, so that the other person may perform it on his behalf. For example, one may appoint another person to act as one's agent for the sale of a house, or for a marriage contract. Since a feeble-minded person does not have right of discretion over his property, he cannot appoint an agent (Wakil) to sell it.

2265. In Wakalat, it is not necessary to recite a formal formula. If a person conveys to another person, by conduct, that he has made him his agent and the other person also conducts himself in a way to convey that he has accepted that position, e.g. if he places his property at Wakil's disposal so that he may sell it on his behalf, and the Wakil takes that property for that purpose, the agency is in order.

2266. If a person appoints a person in another city as his agent, and gives him power of attorney, and he accepts it, the agency is in order, even if the power of attorney reaches the agent after some time.

2267. The Muwakkil (principal), that is, the person who appoints another person as his Wakil (agent), as well as the Wakil, should be sane, acting on his own volition and authority. And the principal should be baligh, except in cases where a discerning child can act.

2268. A person cannot become a Wakil for an act which he cannot perform, or which is haraam for him to do. For example, a person who is wearing Ehram for Hajj cannot recite the Nikah as an agent for another person.

2269. If a person appoints another person as his agent to perform all his tasks, the agency is in order, but if he appoints him as his agent for performing a task without specifying it, the agency will be void. But if the principal gives an optional task to the agent, like, if he appoints him as a Wakil to either sell his house or give it on rent, that Wakalat will be valid.

2270. If a person removes his agent from office, he (the agent) cannot perform the task entrusted to him after the news of his dismissal has reached him. However, if he has already performed the task before the news of his dismissal reaches him, it will be in order.

2271. An agent can relinquish the agency even if the principal is absent.

2272. An agent cannot appoint another person as agent for the performance of the task entrusted to him, except when the principal has authorised him to engage an agent. In that case, he should strictly act according to the instructions. Hence, if the principal has said to him: "Engage an agent for me", he should engage an agent for the principal and cannot appoint the agent on his own behalf.

2273. If an agent appoints an agent for his principal, with his permission, he cannot remove that agent. And if the first agent dies or the principal dismisses him, the second agency will not be invalidated.

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