Issue No.1919- ‘Agency’ in haram acts or for affairs that an agent cannot perform rationally or religiously, is void. For example, a person who is in the state of Ihram cannot recite the formula of marriage, and can neither do that for another person as an agent.
Issue No.1920- If a person appoints another person as his agent to perform all or specific tasks of his, e.g., affairs in respect to his wealth, the agency is in order. However, if he appoints him as his agent for performing “a task” without specifying it, the agency will be void.
Issue No.1922- 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 on behalf of himself or him. In that case, he should act according to the instructions given to him.
Issue No.1923- If an agent appoints someone as an agent for his principal with his permission, he cannot dismiss that agent, and if the first agent dies or relinquishes the agency, the second agency will not be invalidated. However, If he appoints someone as his own agent with the permission of the principal, both the principal and the first agent can dismiss that agent, and if the first agent dies or is dismissed, the second agency becomes invalid.
Issue No.1924- If a person engages several persons as agents for performing a task, and says to them, “each one of you is my independent agent”, in this case, if any one of them performs the task, it would be in order; and if one of them dies the agency of others is not invalidated. In case, however, he tells them that they are all his agents jointly, none of them can act independently, and if one of them dies, the agency of the others is invalidated.
Issue No.1925- If the agent or the principal dies or becomes insane, the agency becomes invalid, though the insane may become sane later. Temporary insanity also causes, on the basis of obligatory precaution, the agency to become invalid. However, temporary unconsciousness does not make the agency invalid.
Issue No.1926- If a person appoints someone as an agent to perform a task, and fixes wages for his services, he should pay him the same after the completion of the task.
Issue No.1927- If an agent has been careless in looking after the property entrusted to him or utilises it in a manner other than that for which he has been accorded permission, and consequently the property perishes or becomes defective, he is responsible for it. However, if after that utilisation, the property still exists, and then he uses it in the authorised manner, that will be in order.
Issue No.1928- Ju‘ālah means that a person promises that if a particular work is completed for him, he will give him a specified amount for it. For example, he declares that if anyone recovers his lost property, he will give him £100.00. One who makes such a declaration is called the rewarder (jā‘il), and the person who carries out that work is called the executor (‘āmil). The difference between Ju‘ālah and hiring is that in the case of “hiring” the hired person is bound to do the job after agreement, and the hirer becomes indebted to the hired person for his wages, whereas in the case of Ju‘ālah, the person who agrees to do the job is at liberty to abandon it if he wishes so, and unless he completes the job assigned, the person who declared the reward or payment does not become indebted to him.
Issue No.1929- The agreement (Ju‘ālah) can be made with an unspecified amount (e.g., someone says “If any physician cures my son’s disease, I will pay him such an amount”) or a specified person (e.g., somebody says to a sea-diver, “If you bring that drowned item of mine out of the sea, I’ll give you £150.00).”, the Ju‘ālah will be in order in both cases.
Issue No.1930- The person who makes this agreement should be mature, sane, and should have made the agreement with his free will and intention, and should be entitled legally to utilise his property. Hence, the agreement of a mentally incompetent person who squanders his property indiscreetly is not in order.
Issue No.1931- The task for which the declaration is made by the rewarder should not be haram, and it should also bear a rational result. Hence, if he declares that he will give such an amount to a person who drinks alcohol, or traverses a dark passage at night without any sensible purpose, the agreement will not be in order.
