Current Legal Issues

Rules of Appointing a Proxy

Q.1 Is it conditional for the validity of deputation that the proxy be known in person by the mandator?

If the would-be proxy was not known, the deputation is not in order. However, if he was known but the mandator does not know him in person, as in the case of appointing someone who is known by someone else, the deputation is in order.

Q.2 Is deputising organisations in order?

If the deputation is made for a certain title within the organisation, such as its head, it is in order, even though the holder of the title may change from time to time. The same ruling goes for any other title within the organisation. Otherwise, deputising the organisation per se is not in order.

Q.3 Is it permissible for one person to be the deputy of both the parties to a sales agreement?

There is no harm in it.

Q.4 A group of pilgrims co-opted a pilgrim to be their deputy to buy a sacrificial sheep for each one of them. Is it obligatory on him to appoint the sheep of each one of them when buying and slaughtering take place, or purchasing the number of sheep required and slaughtering them without appointing, would suffice?

It is necessary that the name of each pilgrim be pronounced when slaughtering the sheep that belongs to him takes place.

Q.5 During hajj pilgrims form committees to shoulder the responsibility of slaughtering sacrificial sheep. This is done to minimise the numbers going to the slaughterhouse, and thus lessening the chances of pilgrims getting separated from their fellow pilgrims. Since it is either impossible of difficult to take portions of the carcass for every pilgrim to eat some of it, where does this leave those who take it upon themselves to act as proxies for other pilgrims, [should they fail to carry back a share of the carcass]?

It is patently evident that it is not obligatory on the pilgrim to eat part of the carcass of the sheep he sacrificed.