What is the ruling on an agent appointing a sub-agent for litigation (خصومة) when the mandate is unrestricted?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 7 · Bab 1

Open in Qurani

Primary text

Abu Hanifa holds that if the principal appoints two agents for litigation, each has the right to act independently in the dispute.

Supporting text

Our position is that the principal did not consent to the action of one agent alone, making it similar to sale and purchase transactions where sole action is restricted unless specified.