The Rules of Agency in Islam
The scholars diverge on the ruling of general agency. The Malikis and Hanafis permit general agency without specifying the price or type, while the Shafi’is and Hanbalis argue against it, insisting that the agency must be particular, related to a specific item or property. It is the responsibility of the principal to adhere to the stipulations of the agency contract and to consider customary practices in agency matters. Agency is permissible in the contexts of marriage, gifts, charity, and settling debts; however, it is invalid in the case of zhihar.
Conditions of Agency
For an agency to be valid, the principal must be the owner of the item or matter being entrusted and must possess the legal capacity to act. Furthermore, the matter being entrusted must be both identifiable and permissible. Therefore, one cannot appoint an agent to handle something prohibited, such as alcohol or income derived through illicit means.
The Ruling of Agency
The default ruling regarding agency is permissibility, which may be recommended when it assists in a commendable matter. Conversely, if it pertains to a discouraged act, the agency becomes undesirable. The agency is obligatory when it serves to avert harm from the principal, while it is forbidden if the agency relates to a sinful task.
The Wisdom Behind the Legitimacy of Agency
Allah, the Almighty, legislates agency to safeguard the interests of individuals, alleviate their burdens, and address their needs. Individuals often require expertise or specialization that they may not possess, and not everyone is capable of managing their affairs due to incapacity, illness, or absence. Hence, they need someone to act on their behalf in personal matters.
Liability of the Agent
If a loss occurs in the entrusted matter due to the agent’s negligence, the agent is liable for the item. However, if the loss happens without any fault or wrongdoing on the agent’s part, then they are not held accountable. The fundamental principle regarding the agent is that they are presumed to be trustworthy.
The Meaning of Agency
In linguistic terms, agency refers to custody and delegation. In a technical sense, it denotes the act of a legally capable individual acting on behalf of another in matters pertaining to human rights or the rights of Allah. Exceptions are made for individuals who can only act with permission, such as slaves or those under guardianship due to their lack of judgment. An agency can also be established for a specific time period, such as a month or a year.