Appointing a person as a wakil (representative)

Appointing a person as a wakil (representative)

Just as a person has the power to carry out a certain work on his own, he also has the choice of appointing someone to carry out that task on his behalf. This is applicable in buying and selling transactions, taking or giving on rent, getting married, etc. For example, sending the domestic servant to the market to purchase something, selling something through her, sending her to hire a car, taxi, etc. The person who is appointed for such a task is known as a wakil (representative or proxy) in the Shari‘ah. If you send the domestic servant or labourer to purchase something for you from the market, he will be your wakil.

You sent the domestic servant to purchase meat. She purchased the meat on credit. The butcher cannot demand the money for the meat from you. He will have to ask the domestic servant who will in turn ask you for the money. Similarly, if you ask your domestic servant to sell a certain item for you, you do not have the right to ask or demand the money from the person who purchased the item. He will pay the money to the person from whom he purchased the item (in this case, your domestic servant). But if he comes and gives the money to you, it will be permissible. What this means is that if he refuses to give the money to you, you cannot force him to do so.

You sent your worker to purchase something and he brought it. He has the right to refuse to hand over the item to you until you give him the money for it. This is irrespective of whether he paid for it with his own money or whether he has not paid for it as yet. However, if he purchased it on credit on the promise that he will pay within five or ten days, then he cannot ask you for the money before the stipulated number of days.

You asked your domestic servant to purchase one kilo of meat. She comes home with one and half kilos. It is not wajib for you to accept the one and half kilos. If you do not take it, she will have to take the half kilo.