What is the ruling on a judge accepting a claim of agency (Wakala) based on the judge's own knowledge?
General Chapter
Al-Mughni
Book of Agency
Primary text
If a judge knows the principal (Muwakkil) by name, lineage, and specific identity, the judge must accept the agent's (Wakil) assertion that he is the authorized agent for that person when the principal is absent and the opponent denies the agency. This personal knowledge held by the judge is considered equivalent to valid testimony (Bayyinah) allowing the agent to proceed with the suit on behalf of the principal.
Supporting text
If the judge only knows the principal by specific identity but lacks knowledge of the name and lineage, the agent's claim is not accepted. In this case, evidence must be presented to establish the agency, because the agent seeks to establish a relationship (lineage/status) through his mere assertion, which is unacceptable.