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Issue No. 1914Who Are Mahjurin

Possession of a Living Person

Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.

Issue No. 1914Who Are Mahjurin

Possession of a Person who is in the Risk of Death

Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.

Issue No. 1915Agency (Wakalat)

The Meaning of

Issue No.1915- Agency means that a person who is religiously allowed to get involved in a certain act, delegates it to someone else to do on his behalf. For example, one may appoint someone as his agent to sell his house, or for contracting one's marriage with a woman. If he has the necessary conditions, it will be in order.

Issue No. 1916Agency (Wakalat)

Conditions of Wakil

Issue No.1916- The wakīl (agent) and muwakkil (client) should both be sane, mature and not be of those who squander their property absurdly, and they should act with intention and free will.

Issue No. 1917Agency (Wakalat)

The Formula of Agency Contract

Issue No.1917- The agency agreement can be made by pronouncing its formula in English or Arabic or any other languages. And if a person conveys to another person, by indication, that he has made him his agent and the other person also indication himself in a way to convey that he has accepted that position (e.g., if he places his property at the agent’s disposal so that he may sell it on his behalf, and the agent takes the property for that purpose), the agency is in order.

Issue No. 1919Agency (Wakalat)

Agency in Harram Affairs

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. 1918Agency (Wakalat)

Sent Mandates from Other Cities

Issue No.1918- If a person appoints someone in another city as his agent, and gives him power of attorney (POA) and he accepts it, the agency is in order, even if the power of attorney reaches the agent after some time. Of course, the agent’s tasks will be in order after he has received the power of attorney and accepted it.

Issue No. 1920Agency (Wakalat)

Agency in Defined and Undefined Affairs

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. 1922Agency (Wakalat)

Agent Cannot Appoint another Person as Agent

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. 1923Agency (Wakalat)

Dismissing the Agent's Agent without the Permission of Client

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.