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

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Removal is an annulment of the contract, and its ruling is not required except after knowledge of it, and if it is withdrawn before knowledge of it, there will be harm in it, because he may act in ways that become invalid, and that the agent acts on the orders of his principal, and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.