What are the necessary components for the validity of an agency contract (Wakala)?
General Chapter
Al-Mughni
Book of Agency
Primary text
The validity of an agency contract requires both an offer (Ijab) and acceptance (Qabul) because it is a contract where a right accrues to each party, similar to a sale transaction. The offer can be established by any expression indicating permission, such as commanding an action or stating, "I permit you to do it." Evidence includes the Prophet Muhammad's (PBUH) appointing Urwah ibn al-Ja'd to purchase a sheep using the wording of purchase, and the statement of the people of the cave recorded in the Quran: "So send one of you with this silver of yours to the city and let him look to which of them has the purest food and bring you provision from it" (Quran 18:19). This wording functions as permission, equivalent to saying, "I have appointed you as my agent."
Supporting text
Acceptance is valid by saying, "I accept" (Qabiltu), or by any expression signifying acceptance. Acceptance is also valid through action, such as performing the commanded act, because the actions of the Prophet's (PBUH) appointed agents were limited to carrying out his command. Since agency involves permission to act, acceptance via action is permissible, analogous to accepting food by eating it.