Can an agent (Wakili) appointed for litigation make an admission (Iqrar) binding upon his principal regarding the receipt of a right or anything else?
General Chapter
Al-Mughni
Book of Agency
Primary text
The admission of an agent appointed for litigation is not accepted against his principal concerning the receipt of a right or any other matter. This view is held by Malik, Al-Shafi'i, and Ibn Abi Laila. The basis for this ruling is that admission is an act that cuts off and contradicts the litigation; thus, the agent does not possess the authority to perform it, similar to granting a release (Ibra'). This differs from denial (Inkar), as denial does not terminate the dispute, and the agent may make a denial even in matters of Hadd (prescribed penalties) and Qisas (retaliation), and outside the judge's court. Furthermore, if the agent possessed the authority to admit, it would prevent the principal from making a denial, establishing a distinction between the two acts. The agent also does not have the authority to make a settlement (Musalaha) regarding the right or to grant a release of it without knowledge of any contrary opinion, because authorization for litigation does not imply any of these powers.
Supporting text
Abu Hanifa and Muhammad hold that the agent's admission is accepted within the court session, except in matters of Hadd and Qisas. Abu Yusuf holds that the agent's admission is accepted both within and outside the court session, reasoning that admission is one of the two responses to a claim, making it valid from the agent, just like denial.