Chapter on Agency (wakālah)

Agency is the appointment of another person who himself has legal capacity, to act on one’s behalf in matters that accept representation2—such as concluding and rescinding contracts, issuing a divorce, taking a wife back, drawing up a kitābah (contractual manumission), declaring a tadbīr (manumission effective at the owner’s death), effecting reconciliation, distributing charity, fulfilling a vow, paying an expiation, and performing the rites of Hajj and ʿumrah3.

It is not valid in matters that do not admit representation, such as ritual prayer, fasting, taking an oath, or removing a state of minor ritual impurity.

Agency may be unconditional, conditional, or time-limited, and it is concluded4 by any indication—whether verbal5 or practical. The agent must be specifically designated, though his awareness of the appointment is not a prerequisite.

It is permissible to authorize the sale of all one’s property or any portion of it, to demand all of one’s rights6, and to discharge them in whole or in part. It is, however, invalid7 to say, “I appoint you as my agent in every small and large matter,” a contract known as al-mufawwaḍah.