Sub-Agency (Tawkil) in Islamic Jurisprudence and Afghan Laws

Abstract

This study examines sub-agency (Tawkil) within litigation agency and its implications for the validity of judicial representation, the legal effect of procedural acts, and the liability of agents. It addresses the conditions under which an agent may appoint a sub-agent, the extent to which express authorization is required, and the circumstances in which authorization may be inferred from the nature of the agency, professional custom, or necessity. The study also evaluates the consequences of exceeding the scope of authorization and examines the consistency of Hanafi jurisprudence with Afghan legal regulations governing legal representation and litigation procedures. A descriptive-analytical and comparative methodology is employed, based on documentary analysis of classical jurisprudential sources, Afghan legislation, and relevant legal literature. The findings indicate that authorization is the fundamental basis of valid sub-agency. However, authorization may be express or implied where custom, necessity, or the nature of the entrusted task supports such an inference. Exceeding the limits of authorization may render the relevant act ineffective, suspend its effect pending ratification, or result in civil, professional, and disciplinary liability. The study concludes that Afghan law and Hanafi jurisprudence substantially converge on the principle that sub-agency must remain within the limits of the authority granted by the principal.

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