Analisis Konseptual Aplikasi Wakalah dalam Perkhidmatan Ibadah Komersial di Malaysia dari Perspektif Perundangan Islam

This study aims to analyse conceptually the application of wakalah (agency) in religious service provisions such as charity, ritual animal sacrifice, and pilgrimage, which have been extensively commercialized among the Malaysian Muslim community. The wakalah principle serves as a pivotal mechanism for fulfilling religious obligations and social welfare through formal agencies comprising public sector entities, private institutions, and non-governmental organizations (NGOs). Although wakalah is firmly grounded in Islamic legal tradition, the contemporary implementation of wakalah raises several critical issues, particularly concerning the validity of delegated religious acts and the commercial appeal driving agency participation in these services. Employing a qualitative methodology, the study conducts content analysis of classical fiqh texts, relevant legal provisions, and existing religious service guidelines. The data is analysed descriptively to assess the appropriateness of wakalah practices within the framework of Islamic jurisprudence. The findings indicate a strong legal basis for wakalah in religious services; however, its commercial implementation necessitates closer attention to transparency, Shariah compliance, and the protection of stakeholder rights of both principals (muwakkil) and agents (wakil). Accordingly, this study proposes the development of a Code of Ethics for Commercial Religious Services as a proactive measure to ensure ethical conduct and regulatory oversight in wakalah-based implementations.