The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

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.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.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.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.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.