Unique Opinions of the Hanafi School in the Chapter of Agency in Litigation: A Comparative Jurisprudential Study 10.35781/1637-000-126-003

Abstract

Scholars of the Islamic Ummah, both past and present, have devoted significant attention to Islamic jurisprudence by elucidating its issues and clarifying its rulings. Each school of jurisprudence has certain unique positions that are not shared by others. While these distinctive opinions are scattered throughout their classical texts, they are rarely compiled in a single, organized study. Motivated by this, I chose to title my research: "Unique Opinions of the Hanafi School in the Chapter of Agency in Litigation: A Comparative Jurisprudential Study." Objective of the Research: To compile the jurisprudential issues in the chapter of agency in litigation that are unique to the Hanafi school, and to analyze them through a comparative jurisprudential lens—thus facilitating access to these issues and identifying the most preferred opinions among them. Research Methodology: The researcher adopted the inductive (istiqrā’i) method. Structure of the Study: The research is divided into an introduction, a preface, two main chapters, and a conclusion. The introduction includes the opening remarks, the significance of the topic, the reasons for its selection, a review of previous studies, the structure of the research, and the methodology used. The preface addresses the definitions of unique opinions (tafrudāt) , agency in litigation, and the Hanafi school of thought. The first chapter explores the unique Hanafi positions related to the contract of agency. The second chapter discusses the distinctive opinions related to the agent and his actions. Each chapter consists of several subsections. Key Findings: The permissibility of granting an agent unrestricted agency. The requirement for the opponent to be present when the judge hears evidence of the agency. The necessity for the agent to be aware of his appointment in the case. The permissibility of one of multiple agents independently conducting litigation. The agent may acknowledge claims on behalf of the principal. Dismissal of the agent by the principal is not valid unless the agent is informed. A second agent is considered an agent of the principal, not of the first agent.