An Analysis of Agency in Iraqi Civil Law From the Perspective of Sheikh Al-Ansari’s *Al-Makasib*

Abstract

Agency (Al-Wakala) is a social and legal necessity imposed by the demands of contemporary life. The inability to conduct legal acts personally—whether due to lack of legal capacity, lack of expertise, or various life constraints—has made legal representation indispensable for fulfilling and protecting rights. This research aims to analyze the agency contract in Iraqi Civil Law in comparison with the jurisprudential thought of Sheikh al-Ansari in his book "Al-Makasib," reviewing the essence of agency, its legitimacy, and its primary characteristics.

The significance of this study lies in examining the exception that agency provides to the general principle that contract effects are limited to the immediate parties. Agency allows the legal consequences of an act to be transferred to the "Principal" based on prior authorization. The research analyzes the conditions for the agent and the principal, as well as the formation of the agency contract, focusing on Sheikh al-Ansari’s vision of "delegation" and reliance in executing legal acts. The study concludes that the Iraqi legislator derived agency provisions from Islamic jurisprudence, emphasizing its role in facilitating transactions and ensuring their efficiency while maintaining legal security for all parties. We have divided the research into three sections. In the first section, we defined the nature of the agency contract, addressing its concept and characteristics in the first subsection and distinguishing it from other contracts in the second. The second section addressed the legitimacy of the agency contract, while the third section covered its essential elements.