Does an agent authorized to request pre-emption (Shuf'ah) or partition (Qism) possess the authority to confirm or finalize the matter?
General Chapter
Al-Mughni
Book of Agency
Primary text
There are two perspectives on whether the agent has the authority to confirm or finalize the matter. The first position, held by Abu Hanifa concerning partition and requesting pre-emption, asserts that the agent possesses the authority to confirm, as finalization is necessary to achieve the objective of the authorization.
Supporting text
The second position, held by some followers of Al-Shafi'i, states that the agent does not possess the authority to confirm, because it is possible to achieve the initial request (e.g., requesting partition) without the final confirmation, meaning authorization for one does not imply authorization for the other.