When an agent is found to be untrustworthy concerning entrusted capital, what is the ruling on replacing him?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
When the intended benefit of the capital cannot be realized through the agent due to established betrayal, the benefit must be realized through another party, just as if the agent had fled. We hold that realizing the intended benefit through the agent is impossible because his relinquishing the tasks or his actions cannot be trusted. We do not assert that the agent has the right to terminate the Mudarabah agreement in this case of betrayal. Instead, since preserving the capital from his treachery cannot be guaranteed, another person is appointed to perform the work, and the untrustworthy agent must relinquish control. This is because the trust (amanah) has become impossible concerning him, and the owner of the capital is not obligated to continue trusting him. This situation differs from when the agent seeks to terminate the agreement without betrayal, as that causes no harm to the owner, whereas betrayal leads to the loss of the owner's capital.