Representation
Its Definition
Representation refers to a substitute on behalf of another in a certain matter in which representation is permissible, such as selling, buying, litigating, etc.
Its Conditions
The representative and the client should be among those who are responsible and obligated to observe the teachings of Islam (i.e. both are legally capable, sane in mind, and have their own free will).
Its Ruling
Representation is permissible according to the Qur’an Sunnah. Allah says:
<< and those employed to collect (the funds) >> (9:60)
Meaning those who work with the charity. They are the representatives of the Imam for the collection of Zakah.
Allah (SWT) said:
<< So send one of you with this silver coin of yours to the town, and let him find out which is the good lawful food, and bring some of that to you. >> ( 18:19 )
Thus, they authorized one of them to buy food for them. The Messenger of Allah (SAW) said to Unays:
“O Unays! Go in the morning to the wife of this man and if she confesses (to adultery), stone her (to death).” (Al-Bukhari)
He (SAW) authorized Unays, may Allah be pleased with him, to investigate the allegation and then to enforce the prescribed punishment.
Abu Hurayrah, may Allah be pleased with him, said “The Messenger of Allah (SAW) authorized me to guard the Zakah of Ramadhan.
The Messenger of Allah (SAW) said to Jabir, may Allah be pleased with him:
“If you go to my representative, take from him fifteen Wasq. If he asks you for my proof or evidence, place your hand on your clavicle (collarbone).” (Abu Dawud, and Ad-Daraqutni. Its chain is Hasan and some if it is in Al-Bukhari.)
(One Wasq is a camel-load, which is equal to sixty Sa ‘.)
The Messenger of Allah (SAW) sent His freed slave, Abu Rafi‘ along with a man from Al-Ansar and they performed the marriage contract on behalf of the Prophet (SAW) with Maymunah bint Al-Harith, may Allah be pleased with her, while he was in Al-Madinah. Therefore, he appointed them as his representatives regarding the execution of the marriage contract with her. (Malik)
Its Regulations
The regulations of representation are as follows:
1) Representation is confirmed by any word that indicates permission for it. There is no condition that it must be in any particular format for this purpose.
2) Representation is for every personal right, such as contracts like selling, buying marriage, reconciling with the wife after divorce, and dissolving marriage, like divorce initiated by the husband or the wife. Representation is also valid in the matters of rights of Allah in which authorization on behalf of someone is permissible. This is like distribution of Zakah, and performing the Hajj and ‘Umrah on behalf of a deceased or one who is unable.
3) Designating a representative is valid for investigating and enforcing the prescribed punishments. The Messenger of Allah (SAW) said:
“ O Unays! Go in the morning to the wife of this man and if she confesses (to adultery), then stone her.” (Al-Bukhari)
4) Designating a representative is not valid for acts of worship in which authorization on behalf of someone is not permissible, like performing Salah and fasting.[1] Designating a representative is also not valid in matters of Li‘an,[2] Thihar,[3] oaths, vows, and testimonies, etc. Designating a representative is also not valid for forbidden things, since whatever is unlawful to do, is also unlawful to designate a representative for.
5) Representation is nullified by cancelation, death, or madness in regard to either of the parties, or when the client dismisses his representative agent.
6) A representative who is authorized for buying and selling is not permitted to sell and buy from the following:
-- Himself,
-- His children
-- His wife
-- Those whose witness is not acceptable because there is suspicion of favoritism and partiality due to family relations.
-- The one who has an agreement to sell on behalf of someone else and share the profit, the guardian of a will, a business partner, judges, and supervisors of endowments since they are similar to the representative in the above matters.
7) The representative is not a liable for things that are lost or damaged as long as he displays neither negligence nor disregard with such items. If he displays negligence or disregard in dealing with the things, he will be liable for what is lost or damaged.
8) Designating an unconditional representative is valid. For this reason, authorization is permissible in every personal right. Therefore, the representative will act in the best interest for the individual rights he is authorized for. Meanwhile, some cases are exempt from authorization,
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[1] It is permissible to fast on behalf of someone who died without fasting an obligatory fast, like making up for missed days of Ramadhan or a vow to fast.
[2] A means of divorce where one of the spouses invoke the curse of Allah on the other because of an accusation of adultery.
[3] A means of divorce in which the husband declares his wife to be as forbidden to him as his mother’s back.
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such as divorce, wherein a firm resolution and determination is required from the one initiating it.
9) If the client authorizes his representative to buy a particular thing, then it is not permissible for him to buy something else. If the representative buys something other than what he is authorized to buy , the client is free to accept it or not. Similarly, if the representative buys a defective thing, or fraudulent material, the client can accept it or reject it.
10) Giving a wage for representative is valid. In such a case, fixing the wages and specifying the
desired work is a precondition.
Textual Format for Writing an Agreement of Representation
All praises are due to Allah (SWT)
“So-and-so has authorized so-and-so person – and both are healthy and sane, and their dealing is permissible – to do such and such thing. The representative has accepted the above-mentioned responsibility and agreed to it after the witness of two witnesses, who are so-and-so and so-and-so. This contract has been ratified on such and such date.