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
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.
2274. If an agent appoints someone as his own agent with the
permission of the principal, the principal and the first agent can dismiss that
second agent, and if the first agent dies or is removed from office, the second
agency becomes invalid.
2275. If several persons are engaged as agents for performing a task,
and everyone of them is allowed to act independently, everyone of them can
perform that task, and if one of them dies the agency of others is not
invalidated. But if, they were told to work jointly, they cannot act
independently, and if one of them dies, the agency of others is invalidated.
2276. If the agent or the principal dies, the agency becomes invalid.
Similarly, if the thing for the disposal of which one his appointed an agent
perishes, (for example, the sheep which the agent was entrusted to sell, dies)
the agency becomes invalid. And if either of them (i.e. the principal or the
agent) becomes insane or unconscious, the agency is invalidated. But if either
of them becomes insane or unconscious occasionally, the agency does not become
void during such periods, nor after the recovery.
2277. If a person appoints someone as agent to perform a task, and
promises to give him something for his services, he must give him the promised
thing after the completion of the task.
2278. If an agent is not careless in looking after the property
entrusted to him, nor does he exercise such discretion over it for which
permission was not granted, and by chance the property is lost or destroyed, he
should not compensate for it.
2279. If an agent has been careless about looking after the property
entrusted to him, or treated it in a manner which was different from the one
allowed by the principal, and consequently the property is lost or destroyed, he
is responsible for it. For example, if he is given a dress to sell, and instead
he wears it, and it is lost or damaged, he should pay compensation for it.
2280. If an agent deals with a property in a manner other than the one
for which he has been granted permission, for example, he wears a dress which he
has been asked to sell, and then disposes it in the authorised manner, that
disposal will be in order.