Is it valid to hear testimony via proxy concerning an absent person?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

The acceptance of testimony (hearing of evidence) by proxy on behalf of an absent person is valid. This occurs when the agent claims that the absent person appointed him as proxy for a specific matter. This is the position of Al-Shafi'i. The evidence supporting this is that the consent of the absent person is not a prerequisite for hearing the evidence; thus, his physical presence is not required, unlike other matters.

Supporting text

Abu Hanifa holds that this is not valid, based on the premise that a judgment rendered against an absent person is invalid.