Is a partner allowed to delegate authority (tawkil) to another in matters they can handle themselves?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 14 · Bab 1

Open in Qurani

Primary text

There are two viewpoints on whether a partner can delegate authority in matters they can handle themselves, based on the ruling concerning an agent. One opinion states it is permissible for the partner, unlike the agent, because if the agent could delegate, they would gain the status of the contract itself, whereas the partner gains something less specific and subordinate through the partnership contract.

Supporting text

If one partner appoints an agent, the other partner has the right to dismiss that agent, as each partner has the authority to dispose of the other's right through delegation, and therefore also through dismissal.