Fiqh Muamalat II MGA3043 - Al-Wakalah (الوكالة)

Front

What is the literal meaning of Al-Wakalah (الوكالة)?

Back

Agency, delegation, commission, protection, preservation.

Front

What is the technical definition of Al-Wakalah (الوكالة) according to Al-Hanafiyyah (الحنفية)?

Back

The delegation of one person (the principal) for another (the agent) to take his place in a known and permissible dealing.

Front

What is the difference in the technical definition of Al-Wakalah (الوكالة) between al-Hanafiyyah (الحنفية) and Al-Shafi’iyyah (الشافعية)?

Back

Al-Shafi’iyyah (الشافعية) stipulated that the delegating party must be living to distinguish the agency contract from a person’s will

Front

What are the primary Shariah rulings of Al-Wakalah (الوكالة)?

Back

Mubah (permissible), Wajib (obligatory), Mandub (recommendable), Makruh (reprehensible), Haram (prohibited).

Front

What are the sources of Shariah legislation regarding Al-Wakalah (الوكالة)?

Back

Al-Quran, Al-Sunnah, Al-Ijma’.

Front

What does Al-Quran say about sending an agent for provisions?

Back

Surah Al-Kahf (18:19) discusses sending an agent to procure food.

Front

What is the Shariah legislation for al-Wakalah (الوكالة) from the al-Sunnah?

Back

Hadith on the Prophet (PBUH) Appointing Agents:

- Sent agents to collect zakah (alms tax)

- Commissioned ‘Amr ibn ’Umayyah Al-Damariy to propose marriage to ’Umm Habibah bint Abu Sufyan on his behalf

- Appointed Hakim ibn Hizam as an agent to buy an animal for ritual sacrifice

Front

What is the consensus of the Muslim nation regarding agency contracts?

Back

The Muslim nation has established a consensus on the permissibility of agency contracts because individuals often cannot handle all their affairs and need agents. Agency contracts enable cooperation in doing good, as people have different skills. For example, one may hire a lawyer to represent them in court.

Front

What are the pillars of Al-Wakalah (الوكالة) according to the Jumhur and the Hanafi school of thought?

Back

Al-Jumhur: Contracting parties (Al-Wakil and Al-Muwakkil), subject matter, offer (الإيجاب) and acceptance (القبول).

Al-Hanafiyyah: offer (الإيجاب) and acceptance (القبول) only

Front

What are the types of Al-Wakalah (الوكالة) in terms of scope?

Back