Definition of Agency and the Matters in Which It Is Performed

Question:
This is a letter sent by the listener, 'Abd al-Muhammad Musa Hakim. Our brother is asking a question, and he says in it:
What is the meaning of agency (wakalah) linguistically and in the Shari'ah?
And what are its types and its ruling?
And is it permissible to cancel it, and when?
And is agency permissible for a blind person, such as being an agent or a principal?
And is agency permissible in the marriage contract?
And what is the ruling if a person appoints another person as an agent for buying and selling? Is that permissible or not? And is he allowed to buy for himself?
I ask you to be kind enough to answer these questions. May Allah reward you with good.

Answer:
Agency (wakalah) linguistically means entrusting, entrusting to a person, and assigning matters to him in what the principal sees fit, whether in managing his farm, raising his children, or in any of the matters that a person needs.
As for it in the Shari'ah: it is the appointment of a substitute by a person who is competent to act, for another person who is competent to act in what the substitution covers, in the matter that the substitution covers.
As for what substitution does not cover, such as appointing someone to pray on his behalf, or to fast Ramadan on his behalf, or the like of that, this is not permissible. But if he appoints someone, and he is competent to act, such as a responsible man and a responsible woman, and they appoint someone to act on their behalf in selling goods and utensils, selling their house, selling their car, and the like of what is permissible to act upon, or they appoint him to buy such and such, from what is permissible to buy, or to bring such and such from such and such a place, or the like of what substitution is permissible in, this is called agency (wakalah).
And it is permissible for a person who is competent to act to appoint someone who is qualified to perform that work. Likewise, agency in the marriage contract is for someone qualified for that, such as a man rather than a woman. So a woman does not appoint an agent in conducting the marriage contract; because it is not valid for her to be a guardian (wali) in it. It is not fitting for her to marry herself or another. So if someone appoints a substitute to conduct the marriage contract, such as the guardian (wali) appointing someone, or in accepting the marriage, such as the husband appointing someone, there is no harm in that. Or the woman appoints her brother, or appoints a non-relative to marry her daughter, there is no harm in that if the agent is qualified for it. Likewise, the husband appoints someone to accept the marriage on his behalf, there is no harm in that. And so in all the issues that substitution covers, it is permissible for a person who is competent to act and responsible to appoint someone whose action is qualified for such a matter, as mentioned. Yes.

The presenter: Whether he is blind or sighted?

The Shaykh: There is no difference between the blind and the sighted, and the free man and the slave, meaning: if he is qualified for this matter. Yes.

The presenter: Also in the marriage contract?

The Shaykh: Yes, it is permissible if he is one of those qualified for it. As for the woman, no. And the disbeliever, no, in the marriage of a Muslim woman. Yes.

The presenter: Does he buy for himself or not?

The Shaykh: He buys or sells. Yes.

The presenter: Also in that case?

The Shaykh: Yes.

The presenter: May Allah reward you with good.