What Are the Conditions for a Valid Agency (Wakala) in Islam?
Answered by Shaykh Bassem Itani
Question
What are the conditions for a valid agency (wakala)?
Answer
All praise is due to Allah, Lord of the worlds, and blessings and peace be upon our master Muhammad, his Family, and all his Companions.
Agency (wakala) is when a person appoints someone else to act on their behalf in a permissible and specified matter. For example, authorizing someone to buy a car with certain specifications and at a set price. There are specific conditions for a valid agency, which I summarize as follows:
Mental Capacity and Age of the Principal and Agent
Both the principal (the one authorizing) and the agent (the one authorized) must be of sound mind and be of age or at least discerning (typically over seven years old).
A crucial point here is that the agent must have the ability to understand the transaction, such as knowing that purchasing involves acquiring the item and giving payment, and distinguishing between minor and major unfairness. If the agent acts without intent or merely in jest, the action is not valid on behalf of the principal. [See: Qari, Fath Bab al-‘Inaya]
Clarity of the Task Assigned
The task must be clearly defined for the agent. It is invalid to authorize an agent in vague or unknown matters that could lead to disputes, such as saying, “Buy land or a house for me.” However, slight ambiguity, such as specifying, “Buy a house in this location at this price,” is acceptable.
Legality of the Task
The task assigned must be permissible under Islamic law. It is not allowed to appoint an agent for actions that are prohibited, such as usurpation or harming others.
Suitability for Delegation
The task must be one that can be delegated, such as buying, selling, renting, gifting, returning deposits, and paying off debts. There are actions that cannot be delegated, like taking an oath, performing prayer, fasting, or purification from ritual impurity. [See: Kasani, Bada’i‘ al-Sana’i‘]
It is essential to choose an agent who is trustworthy, responsible, and knowledgeable, as agency involves protecting people’s interests and meeting their needs. Inadequate choice of an agent can lead to harm for the principal. For instance, when Prophet Yusuf (peace be upon him) asked to be appointed over the storehouses of Egypt, he highlighted two qualities essential for an agent: trustworthiness and knowledge, as Allah says,
“Yusuf proposed, ‘Put me in charge of the store-houses of the land, for I am truly reliable and adept.’” [Quran, 12:55]
And Allah is the source of success.
[Shaykh] Bassem Itani
Shaykh Dr. Bassem Hussayn Itani was born in Beirut, Lebanon, in 1965. He earned his Ph.D. in Islamic Studies in 2005. Among his mentors were Shaykh Muhammad Taha Sukkar, Shaykh Adib al-Kallas, Shaykh Mulla Abdul ‘Alim al-Zinki, Shaykh Abdul Rahman al-Shaghouri, Shaykh Abdul Razzaq al-Halabi, Shaykh Dr. Mustafa Dib al-Bugha, Shaykh Dr. Wahba al-Zuhayli, Dr. Muhammad al-Zuhayli, and others, may Allah have mercy on them all.
Shaykh Itani has a rich background in both academic and administrative fields. He has held significant positions in many governmental and non-governmental institutions in Lebanon and abroad. This includes his role as a member of the Academic Committee at SeekersGuidance and a senior teacher with the free online global seminary.
From 2020 to 2021, he served as the Dean of the College of Da‘wa – University for Islamic Studies (Lebanon) – Postgraduate Studies. He was the Director of Dar Iqra for Islamic Sciences from 1998 to 2018. Shaykh Itani is a well-versed teacher in several academic subjects, including Fiqh, Usul, Aqida, and Tafsir. He has supervised and examined numerous Master’s and Doctoral theses at various universities and colleges in Lebanon.
His contributions to Islamic sciences are also evident in his writings and research. His notable works include “The Relied-upon Statements of Imam Zufar in the Hanafi School,” “Collective Ijtihad: The Sublimity of Thought in the 21st Century,” and “Custom and its Impact in Islamic Jurisprudence.” Shaykh Itani has actively participated in numerous scientific conferences and seminars, both in Lebanon and internationally. He is linguistically adept, excelling in Arabic, proficient in French, and comfortably conversant in English.
