"Anyone who is legally competent to act on a matter themselves, and the matter allows for representation, may delegate it to an agent, regardless of whether the

NOTE: Ash-Shawkāni rahimahullah added: «يجوز لجائز التصرف أن يوكل غيره في كل شيء ما لم يمنع منه مانع» "A legally competent person may delegate to another in all matters, provided there is no valid prohibition preventing it." [Ad-Daraari Al-Muḍhee'ah] 3. Wakālah is not valid for matters that do not allow for representation in the rights of Allāh Almighty, such as purification, prayer, penal punishments. 4. The wakeel may only act within the scope of the principal's authorisation or customary practices, provided such actions do not result in harm to the principal. NOTE: Authorisation may be: (1) explicit, or (2) implicit (’urf). It may also be: (1) general, or (2) limited BENEFIT: If the wakeel acts by الزيادة (exceeding the scope of wakālah) without authorisation, this is considered an act of unauthorised dealing (بيع الفضول). The validity of such an action depends on the principal's approval. If the agent acts contrary to the principal’s instructions (without exceeding the scope of authority), the following applies: A- If the instruction was specific, the action is invalid. B- If the instruction was general, the validity of the action depends on the principal’s approval. 5. The Wakeel may not delegate the wakālah to another unless the muwakkil permits it, the wakeel is incapable of performing the task, or the agent lacks the required expertise. In such cases, the wakeel must appoint a trustworthy individual to act on their behalf. 6. The agent is considered an Ameen (trustworthy) in the matters entrusted to them and is not liable for loss or damage unless they act negligently or exceed the scope of their authority. PRINCIPLE: قاعدة: ما أُتلف في يد مأمون فليس بمضمون What is damaged while in the possession of a trusted individual is not liable for compensation. BENEFIT: "الوكالة أمانة وزيادة" Wakālah encompasses trust and more. Trust involves safeguarding property and returning it to its owner in its original condition. Wakālah, includes this aspect of trust along with the authorisation to act and make decisions regarding the entrusted matter. 7. Wakālah is a revocable contract, and either party may terminate it at any time. BENEFIT: In terms of revocability/Irrevocablity, contracts are categorised into three types: 1. لازم من الطرفين Binding on both parties, such as in sales contracts. 2. جائز من الطرفين Revocable by both parties, as in the case of a Wakālah (agency) contract. 3. لازم من طرف وجائز من طرف Binding on one party and revocable by the other, such as in a Rahn (pledge) contract. مبطلات الوكالة: 8. Wakālah is nullified by (1) the death of either party, (2) the insanity of either party, (3) the revocation of either party, (4) the dismissal of the wakeel by the muwakkil, or (5) if the muwakkil is placed under a financial restriction (الحَجْر). _____ Source: T.me/masjidsahabah https://whatsapp.com/channel/0029VadAK4n5K3zclcMjeg0F