Validity of a contract where a Muslim appoints a non-Muslim as an agent (Wakil)?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 1 · Bab 1

Open in Qurani

Primary text

The appointment of an agent by a Muslim, where the agent is a non-Muslim (whether a Dhimmi, Musta'min, hostile combatant, or apostate), is valid for transactions in which the non-Muslim agent's actions are valid, such as buying and selling. This validity is established because the prerequisite of 'adl (probity/righteousness) and adherence to Islam are not conditions for the agency relationship.