Artigo 94
Article 94
É permitido que aquele que foi investido de uma responsabilidade específica, como um curador ou tutor, ou de uma responsabilidade geral, como o Califa, o governante, o funcionário público, o Muhtasib, ou o juiz do Tribunal de Atos de Injustiça (Madhalim), nomeie uma pessoa para o seu cargo como procurador, dentro dos limites da sua autoridade, apenas em disputas e na defesa, e não há diferença se eles foram o autor ou o réu.
It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference whether they were the plaintiff or defendant.
Its evidence is the evidence for the giving of proxy, since just as it is valid for a person to appoint another person to act on their behalf in matters they have control over, such as buying, selling, and disputes, in the same manner it is valid to appoint another person to act on their behalf in the matters they are acting on, on behalf of someone else. So the proxy, if given the right to appoint someone in the matter for which they were given the proxy, can appoint someone for themselves in that which they have control over as a result of being given the proxy. Accordingly, the guardian can appoint someone else to act on their behalf with the wealth of the one they are guardian over, and in the same manner the custodian of the Waqf is permitted to appoint whomever they please in all the affairs over which he has the power of control, from the leasing of the Waqf and so on. Similar to them is the ruler, who is permitted to appoint whomever he pleases in any of the matters he has control over. Unless the ruler is the Khalifah, in which case it is permitted for him to appoint whomever he pleases because he possesses control over every matter, and so he is like the one who appoints on his own behalf, whereas anyone other than the Khalifah, from among those who are his delegates such as the assistants, governors, and department managers, does not have the power to appoint on their behalf in that over which they have been given control by proxy, unless the Khalifah gave them the right to do so. This is because they are the delegates of the Khalifah, and so they are similar to the deputies, and the deputy has no right to appoint someone to carry out his duty unless he was given that right. So if his appointment gave him that power, then he would have the right of appointment irrespective of whether he was a plaintiff or defendant, since the right to appoint is general and encompasses every matter in which he acts. Com base nisso, o que hoje é conhecido como procurador-geral (advogado do governo), o promotor público e a acusação pública, ou qualquer outra função semelhante, então, do ponto de vista das regras da procuração (wakala), o trabalho é válido segundo a Shari'ah, uma vez que a Shari'ah permitiu este tipo de delegação.
Its evidence is the evidence for the giving of proxy, since as it is valid for a person to deputise another person to act on their behalf in the issue they have control over such as buying, selling, and disputes, in the same manner it is valid to deputise another person to act on their behalf in the issues they are acting on, on behalf of someone else. So the proxy, if given the right to deputise in the issue that they were given the proxy in, can deputise someone for themselves in that which they have control over as a result of being given the proxy. Accordingly, the guardian can deputise someone else to act on their behalf with the wealth of the one they are guardian over, and in the same manner the custodian of the Waqf is permitted to deputise whomever they please in all the affairs that he has the power of control over from the leasing of the Waqf and so on. Similar to them is the ruler, who is permitted to deputise whomever he pleases in any of the issues he has control over. Unless the ruler is the Khalifah, in which case it is permitted for him to deputise whomever he pleases because he possesses control over every matter, and so he is like the one who deputises on his own behalf, whereas anyone other than the Khalifah, from those who are his delegates such as the assistants, governors, and department managers, do not have the power to deputise on their behalf in that which they have been deputised control over unless the Khalifah gave them the right to do so. This is because they are the delegates of the Khalifah, and so they are similar to the deputies, and the deputy has no right to deputise his duty unless he was given that right. So if his deputation gave him that power, then he would have the right of deputation irrespective of whether he was a plaintiff or defendant, since the right to deputise is general and encompasses every issue that he acts in. Based upon that, what is known today as the attorney general (lawyer of the government), and the public prosecutor and prosecution, or anything else similar, then from the angle of the rules of proxy the work is valid according to the Shari’ah, since the Shari’ah permitted this type of deputation.