What is the ruling when the principal and agent disagree about the existence of the agency itself?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the agent claims agency, and the principal denies it, the principal's statement is accepted because the default status is non-agency, and the existence of the agency must be proven before the agent's statement is authoritative against the principal.
Supporting text
If the principal claims agency and the payment of money to the agent, but the agent denies both, or admits agency but denies receiving the money, the principal's statement is accepted. If the principal authorized the agent to contract a marriage for a specified dower, and the agent did so, but the principal denies the agency, the principal's statement is accepted, and the wife cannot compel the principal to the marriage unless she provides evidence, nor can the judge require the principal to swear an oath, as the agent is claiming a right for a third party.