muwakkil

Muwakkil is a term used in Islamic jurisprudence to denote the party who appoints a representative to act on their behalf under the contract of agency, known as wakala. The muwakkil, or principal, empowers a wakil (the agent) to perform specified acts, such as entering into transactions, managing property, or representing the muwakkil in legal matters. The scope of the agent’s authority is defined by the tawkil or wakala contract, and actions taken within that scope are binding on the muwakkil.

Etymology and usage: The word comes from the Arabic root w-k-l, meaning to entrust or to assign. The muwakkil is literally “one who entrusts” or “the delegator,” while the wakil is the agent authorized to act on the muwakkil’s behalf. This distinction is central in Islamic contract law and is recognized across the major legal schools.

Jurisprudence and mechanics: Wakala is a recognized contract in Islamic law. The muwakkil can grant authority to a wakil either for a single task or for ongoing representation. Generally, the wakil must act within the appointed scope and in good faith. The mutability of the arrangement depends on the contract; it may be revocable by the muwakkil unless an irrevocable clause or circumstances restrain revocation.

Modern context: In contemporary Muslim-majority jurisdictions, the concept of wakala and the muwakkil informs formal arrangements such as powers of attorney and agency contracts. These arrangements enable individuals to appoint representatives for financial, legal, or administrative tasks and can be codified in civil or commercial law, with variations in scope, revocation, and liability across jurisdictions.

See also: Wakala, wakil, power of attorney (in comparative law).