What is the legal status of an agent appointed by an agent without explicit verbal permission from the principal, but based on customary practice or a recognized transmission allowing such delegation?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the agent appoints another without explicit verbal permission, but based on established custom or a recognized narration permitting delegation without explicit instruction, the second appointee is considered the agent of the first agent. This situation is ruled the same as if the principal had permitted the first agent to appoint a substitute for himself.