Is a claimant required to bring a principal's opponent before the judge before the agency can be proven?
General Chapter
Al-Mughni
Book of Agency
Primary text
The judge hears the evidence establishing the agency without the presence of an opponent of the principal. Establishing the agency is an affirmation of authority and does not require the presence of the party being represented, similar to cases where a group of principals is represented and only one appears.
Supporting text
Abu Hanifa maintains that evidence establishing agency is not heard unless an opponent of the principal is brought forward to be sued, because hearing evidence of agency without the adversary present is deemed a ruling concerning the absent party, and agency does not bind the adversary until the agent’s authority is proven through the adversary's response.