Lease, agency and service contracts

Fuduli (uncommissioned agent)

A person who deals in another's property without authority; the owner may approve or reject the act.

A fuduli is an uncommissioned agent: someone who acts in another person's property or affairs without having been authorised to do so. AAOIFI's agency standard says that whether such a contract takes effect is at the owner's discretion, and that if the owner does not approve, the act may bind the person who acted, depending on what was declared at signing. The concept matters for delegated actions, because an instruction carried out without valid authority does not automatically bind the person in whose name it was given.

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This entry explains a term; it is not a Shariah ruling. Approving a product is for each institution's own Shariah board and regulator.

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