Is a claim made on behalf of an absent principal admissible before the agency is legally established?
General Chapter
Al-Mughni
Book of Agency
Primary text
The claim made by the alleged agent on behalf of the principal is not heard by the judge prior to the establishment of the agency. This is because a litigant must either be suing on their own behalf or on behalf of a principal for whom their agency is already established. Since the claimant is not suing for themselves and their agency has not been proven, the suit is inadmissible, analogous to someone suing on behalf of an individual for whom they have no established agency.
Supporting text
Abu Hanifa permits the suit to proceed if the claimant first brings an opponent of the principal to respond to a claim; only after this exchange is the agency evidence heard and subsequent claims considered. This position is based on the view that hearing agency evidence without the opponent present is tantamount to judging the absent party.