The Two Types of Wakala
Wakala Khassa (Specific Agency): The principal authorizes the agent for a defined task — “sell my house” or “represent me in this court case.” The agent’s authority is limited to the specified scope. Any act outside that scope does not bind the principal.
Wakala ‘Amma (General Agency): The principal grants the agent authority over “all my affairs” or “all my financial matters.” This is the closest Islamic equivalent to a power of attorney.
Limits on General Agency
Even a general agency does not create unlimited authority. Classical scholars identified specific categories that require the principal’s personal participation regardless of what the wakala says:
- Marriage (nikah): The principal cannot generally authorize an agent to marry him without specifying the spouse. Marriage is too personal to be fully delegated without specifics.
- Oath and divorce: Certain acts of religious significance cannot be delegated
- Testimony: An agent cannot testify on behalf of a principal — testimony requires personal knowledge
Revocability
The wakala is generally revocable by the principal at will. If the principal dies, the wakala terminates automatically — the agent’s authority does not survive the principal’s death under classical rules (unlike some trust structures in common law).
Exception: If the wakala was granted as part of a contract (muqayyada bi-gharad al-‘aqd) — e.g., the agent’s authority is a condition of a financing arrangement — the principal may be restricted from revoking it unilaterally.
Modern Applications
Power of attorney documents in Muslim majority jurisdictions typically follow the wakala structure, with explicit scope definitions. Islamic banks use wakala for investment products: the bank acts as agent (wakil) investing the client’s money, with a defined fee for its agency services.
See also: Fiqh Al Tawkil, Fiqh Al Kafalah, Fiqh Al Qabd Wa Al Qabul, Fiqh Al Ijarah, Fiqh Al Musharakah