What is Wakala?
Wakala is when one person, known as the Muwakkil (the principal), appoints another person, called the Wakil (the agent), to act on their behalf. This is done when the principal cannot or does not want to carry out a particular task themselves. The Wakil then carries out the task with the same legal authority as the principal.
There are two main types of Wakala:
1. Wakala Where the Agent Represents Themselves:
In this case, the agent acts as though they are carrying out the transaction for themselves, even though they are technically doing it on behalf of the Muwakkil. The agent takes full responsibility for the transaction. This applies in matters like trade, renting, or business deals where goods and money are exchanged.
Example: If the Muwakkil tells the Wakil to sell their car, the Wakil will be the one who deals with the buyer, hands over the car, collects the money, and handles any issues that arise from the transaction. The courts will only hold the Wakil responsible if anything goes wrong, not the Muwakkil.
Key Points in This Type of Wakala:
The Wakil is responsible for handing over the goods.
The Wakil collects the money.
If there’s a defect in the goods, the Wakil deals with it, as if they were the actual seller.
The Muwakkil remains in the background and is not directly involved in the transaction.
Example from Mukhtasar al-Quduri: If a Wakil is sent to buy or sell something on behalf of the Muwakkil, they handle the transaction entirely. The rights and responsibilities attached to the deal belong to the Wakil. For instance, if the Wakil buys an item and later finds a defect in it, it is the Wakil's duty to return or exchange the item, as long as the item has not yet been handed over to the Muwakkil.
2. Wakala Where the Agent Represents the Muwakkil:
In this case, the agent clearly acts on behalf of the Muwakkil, and any rights and responsibilities fall back to the Muwakkil. This type of Wakala is often used in non-business transactions, like marriage, divorce, or settlement agreements.
Example: If the Muwakkil asks the Wakil to propose for marriage on their behalf, the marriage contract is between the Muwakkil and the other party (not the Wakil). The Wakil’s job is just to represent the Muwakkil in front of the other party. All the responsibilities, such as giving the dowry, will be on the Muwakkil, not the Wakil.
Key Points in This Type of Wakala:
The Wakil is only representing the Muwakkil, and all the rights go back to the Muwakkil.
In marriage contracts, divorce requests, or settlement agreements, the Wakil has no personal responsibility; the transaction is considered to involve the Muwakkil directly.
The Wakil is just a middle person.
Example from Mukhtasar al-Quduri: If the Wakil is asked to carry out a marriage contract, the marriage is between the Muwakkil and the bride, not the Wakil. The Wakil is simply acting as an intermediary. The responsibility for providing the dowry or any related issues rests with the Muwakkil, not the Wakil.
How to Appoint a Wakil for a Transaction:
When appointing a Wakil, the Muwakkil must give clear instructions regarding the task. If the Wakil is being asked to buy something, the Muwakkil should provide specific details, including:
The type of item being purchased (e.g., car, phone, house).
The description or specific features of the item (e.g., a laptop, brand, specifications).
The price the Muwakkil is willing to pay for the item.
If these details are not provided, and the Wakil is given general permission to act as they see fit, the Wakil can then make decisions on their own.
Example:
If the Muwakkil tells the Wakil to buy a laptop, the Muwakkil must specify the type (e.g., Apple or Dell) and price. If the Wakil is not given these details, they could end up buying something the Muwakkil doesn’t want, leading to confusion. To avoid this, the Muwakkil needs to give clear instructions unless they say, “Buy whatever you think is best, ” giving the Wakil general authority.
What Happens if There’s a Defect in the Goods?
When the Wakil purchases something, if they find a defect in the item before handing it over to the Muwakkil, the Wakil is responsible for returning or exchanging it.
Example:
If the Wakil buys a phone on Monday and finds a defect in it by Wednesday, the Wakil is allowed to return or exchange the phone, as long as it has not yet been given to the Muwakkil.
However, if the Wakil has already handed the item over to the Muwakkil, and the Muwakkil then discovers the defect, the responsibility shifts to the Muwakkil. The Wakil can no longer return the item without the Muwakkil’s permission.
Example:
If the Wakil buys a phone on Monday and hands it over to the Muwakkil on Friday, and the Muwakkil finds a defect on Sunday, the Muwakkil is responsible for dealing with the issue. The Wakil is no longer responsible, unless the Muwakkil gives them permission to handle it.
Practical Examples of Wakala:
Marriage (Nikah):
A man asks a Wakil to propose for marriage on his behalf. The Wakil goes to the woman’s family and proposes. The marriage contract is between the man and the woman, not the Wakil. The Wakil is just the middle person.
Divorce (Khula):
A woman asks a Wakil to go to her husband and request a divorce on her behalf. The Wakil is not personally involved in the divorce; they are simply representing the woman.
Business Transaction:
The Muwakkil asks the Wakil to buy a car. The Wakil goes to the dealership, inspects the car, makes the payment, and takes possession of the car. The Wakil is responsible for ensuring that the transaction is completed properly, including handling any issues that arise.
Important Points to Remember:
There are two types of Wakala:
Wakala where the Wakil acts for themselves in business transactions.
Wakala where the Wakil represents the Muwakkil in personal matters like marriage or divorce.
The Wakil must be clear on what they are being asked to do:
In business transactions, the Muwakkil should provide details on what to buy, including the item’s type, description, and price. If not, the Wakil is given more freedom to decide on their own.
If a defect is found before the item is handed over to the Muwakkil:
The Wakil is responsible for handling it. After the item is handed over, the Muwakkil becomes responsible for any issues.
In marriage and personal matters:
The Wakil acts only as a representative, and all rights and responsibilities go back to the Muwakkil.
Questions to Consider:
How many types of Wakala are there?
Answer: Two types—Wakala where the Wakil represents themselves and Wakala where the Wakil represents the Muwakkil.
What is the role of the Wakil in business transactions?
Answer: The Wakil is fully responsible for the transaction, including handling money, goods, and defects, as if they were acting for themselves.
What happens if a defect is found in the goods before they are handed over?
Answer: The Wakil can return or exchange the goods, as long as they have not yet been given to the Muwakkil.
What information must be provided to the Wakil before making a purchase?
Answer: The type of item, its description, and its price.
In a marriage contract, who is responsible for giving the dowry?
Answer: The Muwakkil, not the Wakil.
RootsOfKnowledge
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