Can an agent appoint a sub-agent when the principal has issued an unrestricted agency mandate?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the principal explicitly prohibits the agent from appointing a sub-agent, then sub-agency is invalid without disagreement, as it falls outside the scope of permission granted. If the principal permits sub-agency, it is permissible because it is a contract the principal allowed. There is no disagreement regarding these two states. If the principal states, 'I have appointed you, now do as you wish,' sub-agency is permitted because the statement implies general authority, encompassing sub-agency.

Supporting text

The scholars of Al-Shafi'i hold an opposing view in one derivation, stating sub-agency is not allowed because the mandate implies action by the agent personally, and 'do as you wish' refers only to actions the agent performs directly.