Is agency permissible in making an admission (Iqrar)?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

Agency is permissible in making an admission. This is because admission is the establishment of a liability in the person's account solely through speech, which allows for delegation, similar to the validity of delegation in a contract of sale (Bay'). It differs from testimony, because testimony does not establish the right itself but rather reports on the existence of a right already established in someone else.

Supporting text

Some scholars associated with the school of Al-Shafi'i hold two views, one being that agency in making an admission is not permissible because it constitutes informing about a right, and delegation is not valid in mere informing, analogous to testimony.