Is the working agent (Amil) considered a trustee regarding the property entrusted to him?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The working agent (Amil) is a trustee. Therefore, his declaration regarding the destruction of the property is accepted, and likewise is his declaration concerning accusations of betrayal (khianah) against him. This is because the owner of the capital entrusted him by giving him his wealth, making him similar to the partner in profit-sharing (Mudarib). If the agent is accused of betrayal, he must take an oath. If his betrayal is established through his own admission, clear evidence (bayyinah), or refusal to swear the oath (nukool), another person who supervises him is joined to the management. If preserving the property under his management becomes impossible, a replacement worker shall be hired using the agent's own money to perform his duties. This is the position held by Al-Shafi'i.
Supporting text
The companions of Malik state that another person is not appointed in his place; rather, the property is preserved from him. This is because his moral lapse (fisq) does not prevent the realization of the intended benefits from him, making it similar to a situation where he becomes morally lapsed without committing betrayal.