Chapter on Agency

Introduction

Linguistically, wakālah—pronounced with either fatḥah or kasrah on the initial wāw, the former being more common—is a verbal noun meaning delegation and safeguarding. In legal terminology it is the authorization of a legally competent person by another legally competent person to act on his behalf in matters that admit representation.

Agency is sanctioned by the Quran, the Sunnah, scholarly consensus, and legal analogy, for people stand in constant need of it; no one can manage all his affairs personally.

Allah the Exalted says, “So send one of you with these silver coins of yours to the city; let him see which food is purest and bring you provision from it” (Al-Kahf 18:19).

The Prophet delegated ʿUrwah al-Bāriqī to buy a sheep, Abū Rāfiʿ to arrange his marriage to Maymūnah, and he would send his officials to collect zakat just as he sent them to enforce the prescribed penalties.

Ibn Qudāmah stated, “The Muslim community unanimously agrees on its permissibility.”

Agency is concluded by any form of wording that indicates authorization to act, without disagreement. Its acceptance—whether immediate or delayed—is likewise valid by any statement or action from the agent that signifies consent, by unanimous agreement.

Its underlying wisdom

Shaykh ʿAbd al-Raḥmān al-Saʿdī said, “Out of the expansiveness of the Sacred Law is that a person may either perform tasks himself or appoint someone to carry them out on his behalf. This applies to the rights owed to Allah and to His servants alike, except in matters whose purpose can only be fulfilled through one’s personal and direct performance.”