فَلَيْسَ لِلرَّاهِنِ عَزْلُهُ عَنْهَا
Translation: The pledgor may not dismiss him from that agency.
Where the contract of pledge itself stipulates who may sell the property on maturity, the agency becomes linked to the pledgee’s secured right. Under Quduri, the pledgor cannot unilaterally dismiss that agent.
The reason is not that every agency is irrevocable. This mandate forms part of the arrangement relied upon by the creditor and supports his security. It must therefore be distinguished from an ordinary agency appointed independently after the pledge agreement.
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An agency stipulated in the pledge contract
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
فَلَيْسَ لِلرَّاهِنِ عَزْلُهُ عَنْهَا
Translation: The pledgor may not dismiss him from that agency.
Where the contract of pledge itself stipulates who may sell the property on maturity, the agency becomes linked to the pledgee’s secured right. Under Quduri, the pledgor cannot unilaterally dismiss that agent.
The reason is not that every agency is irrevocable. This mandate forms part of the arrangement relied upon by the creditor and supports his security. It must therefore be distinguished from an ordinary agency appointed independently after the pledge agreement.