The ruling on Removing an Agent without his Knowledge and Eliminating an Absentee in Islamic Jurisprudence

Removal is an annulment of the contract, and its ruling is not required except after knowledge of it, and if it is withdrawn before knowledge of it, there will be harm in it, because he may act in ways that become invalid, and that the agent acts on the orders of his principal, and the ruling of revocation against the person appointed before his knowledge is not proven, such as rescission. Requiring the testimony to be performed with a specific word, “and I bear witness,” which is what the Hanafis and Malikis said in the words of the Shafi’i masters and a narration from the Hanbali masters. As for the Maliki scholars, according to the more correct of the two opinions, and the Hanbalis, according to the other narration, they do not stipulate this.

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Publication Details

Journal
South Eastern European Journal of Public Health
Published
2024-09-30
DOI
https://doi.org/10.70135/seejph.vi.1087
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

The ruling on Removing an Agent without his Knowledge and Eliminating an Absentee in Islamic Jurisprudence

Ahmad Fadil, Shafaa Diab Obaid
South Eastern European Journal of Public Health
Islamic Finance and Banking Studies
article

The ruling on Removing an Agent without his Knowledge and Eliminating an Absentee in Islamic Jurisprudence

Ahmad Fadil, Shafaa Diab Obaid
article en

Abstract

Removal is an annulment of the contract, and its ruling is not required except after knowledge of it, and if it is withdrawn before knowledge of it, there will be harm in it, because he may act in ways that become invalid, and that the agent acts on the orders of his principal, and the ruling of revocation against the person appointed before his knowledge is not proven, such as rescission. Requiring the testimony to be performed with a specific word, “and I bear witness,” which is what the Hanafis and Malikis said in the words of the Shafi’i masters and a narration from the Hanbali masters. As for the Maliki scholars, according to the more correct of the two opinions, and the Hanbalis, according to the other narration, they do not stipulate this.

South Eastern European Journal of Public Health
Universitas Sains Al-Qur'an (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Islamic Finance and Banking Studies
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