Office Of Grand Ayatollah Sayyid M.S.Al-Hakeem - Books-Islamic Laws Simplified - Agency

Books Islamic Laws SimplifiedAgency

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AGENCY (WAKALAH)
 
 
This is a contract by which a person (the principal) nominates his representative (the agent) to act according to the agency contract. The contract will have immediate effect, and it is sufficient in forming the contract anything that shows the intention to abide by it.
 
Ruling 546: It is necessary for both the principal and the agent to be adult and sane, and to not be restricted in the disposal of their affairs, except that one can permit a discerning child in the disposal of his property, and such disposal will be valid, even if the child’s guardian does not give permission for the child to act as an agent.
 
Ruling 547: In order for the agent’s dealings to be valid, the principal himself should have authority over such dealings.
 
Ruling 548:Agency is a contract that is non-binding, so it is possible to dismiss the agent at any time, except if there is a clause that excludes the right to dismiss him forever or for a specified period, and such a clause is valid.
 
Ruling 549:The nomination of an agent is valid in respect to all those acts for which the Sharia does not require the principal to be directly involved in.
 
Ruling 550:The agent should abide by what the contract restricts him to if there is a restriction. If there is no restriction and he is given absolute agency, he is free to make his choices.
 
Ruling 551: If the agent enters into any transaction, he will be answerable to it and any of its consequences, except if there is a context which excludes him from responsibility, or if there is anything explicit which indicates it.
 
Ruling 552:It is possible for an agent to take payment from the principal, for him taking the role of his agent, or for the work which he does as an agent.

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