عربي
03 Jamadi al-Awwal 1444  ,  27 November 2022

Achievements of Iftaa` ... Date Added: 23-10-2022

Fatwa is Accepted only from ... Date Added: 19-10-2022

It isn`t Permissible to ... Date Added: 18-10-2022

It is Discouraged to Kiss ... Date Added: 17-10-2022

The Prophet`s Birth ... Date Added: 02-11-2022

Scary Questions about ... Date Added: 01-11-2022

*Fatwa and Sustainable ... Date Added: 31-10-2022

Iftaa` Department and the ... Date Added: 25-10-2022

Fatawaa


Subject : The Authorized is Trusted to Achieve the Benefit of his Authorizer

Fatwa Number : 3275

Date : 08-02-2017

Classified : Miscellaneous Fatwas

Fatwa Type : Search Fatawaa


Question :

What is the ruling when the authorized doesn`t act for the benefit of the person who authorized him?



The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.


Wakalah (authorization) is when someone authorizes someone else to perform a lawful task on his behalf, so he can buy and sell, but not as if it is for himself (authorized); therefore, his actions must be for the benefit of the authorizer. Moreover, there is a consensus among Muslim scholars that the authorized is entrusted with achieving the benefit of his authorizer.


Prophet Mohammad(PBUH) said: " Pay the deposit to him who deposited it with you" {Abu Dawoud and Tirmizi}. An-Nawawi (May Allah be pleased with him) said: "Wakala takes the ruling of a trust since the authorized is trustworthy, and he isn`t required to give a compensation, except in case of misconduct and negligence." {Rawdat At-Talibeen, 4/325}.


Moreover, Al-Imam Ar-Ramli (May Allah be pleased with him) said: "A guardian does what is beneficial to the one under his guardianship and an authorized does what is beneficial to the one who had authorized him" {Asna-Al-Matalib, 2/46}.


Accordingly, if the authorized acted against the benefit of the authorizer, then his action is null and void. Some examples of such acts are: non-adherence to the conditions of the authorizer, or selling against deferred payment without his approval or selling with grave deception, and the like." {Moghni Al-Mohtajj, 3/243}. And Allah knows best.







Comments

 

Name *

E. mail Address *

Country

Comment Title *

Comment *

Captcha
 
 

Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.