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All praises are due to Allah Lord of creation. May His peace and blessings be upon our prophet, Muhammad, his household, and all his companions.

In the field of Islamic Jurisprudence, there are concepts that are linked together and their rulings are given depending on the person carrying out the actions and they are given specific descriptions. One of such descriptions is sale done by an unappointed agent or an agent without mandate.

It is a concept used to describe a person engaging in matters that do not concern him. In Islamic Jurisprudence, it refers to acting on behalf of another person without his permission or permission of the law. Such as carrying out business transactions on behalf of somebody without his permission, like selling a person’s car or renting it out without his permission or legitimate authority.

As for the legitimacy of this kind of transaction, there are two major opinions among scholars:

The first opinion is that of the Hanafi, Maliki and a narration among the Shafi’ee and Imam Ahmad. According to them the transaction is legitimate but pending on the approval of the master. Thus, the transaction is legitimate but its implementation depends on the approval of the owner. The basis for this opinion is as follows:

1-   The Quran says: “Allah has permitted trade” this implies that all sales transactions are legitimate

2-   Urwatul Baariqee-May Allah be pleased with him- narrated that the Prophet-peace be upon him- gave him one dinar to buy him a goat. He bought two goats and sold one for a dinar. So, he came to the prophet with a goat and a dinar, and the Prophet prayed for him saying: O Allah bless his transactions. (as a result) even if he buys sand he will make profit from it.” from this hadith we can see that Urwat sold the second goat without the permission and the Prophet approved it.

3-   The transaction is legitimate because the person has fulfilled all conditions of contracts hence, his actions are legitimate.

4-   Such a transaction may be beneficial to the owner, hence if we say the transaction is illegitimate, we have made him loose that benefit. Therefore, it is better to leave it to his approval.

The second opinion is that of Imam Malik and a narration from the Shafi’ee and Hambalee school of thought. This opinion says that such a transaction is illegitimate even if the owner approves it. They base their argument on the following:

1-   The hadith if Amr bin Shuaib-May Allah be pleased with them- that the Prophet-peace be upon him- said: divorce is not allowed except over that which you possess, liberation is not allowed except over that which you possess, and sale is not allowed except over that which you possess.”

2-   The saying of the Prophet: “do not sell that which you do not possess”

The most authentic opinion is the first opinion. That is the transaction is legitimate, and its implementation depends on the approval of the owner. If he approves it, it is implemented and takes effect from the date of transaction was made and not date of approval. However, this is based on certain conditions:

1-   The approval must be from the owner himself or his assistant such as guardian or trustee. Hence, if anybody other these people such as a judge carries out the transaction with presence of these people it will be illegitimate.

2-   The approval must be ascertained while the object of contract lasts. Hence, the approval will not be valid if it is after the object of contract has been ruined. For example, if a person sells the car of another person, then the car got destroyed before approval from the owner, such approval will be invalid.

3-   The approval must be ascertained while both the person who made the transaction and his partner are still alive.

Allah knows best.



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