There is a pillar in wakalah that if one of the pillars is missing, wakalah can be canceled or not happen agreement. Pillars wakalah is as follows
Muwakil or which represents
Muwakil, namely a person or legal entity that entitles the other party representatives, to conduct a business / specific job. In Takaful, muwakil are customers who represent the Islamic insurance company to administer the premium or contribution.
Vice, the person or legal entity that accepts the right of representation of muwakil to do some business / specific job. In Islamic insurance, Islamic insurance company acting on behalf of the customer representative.
Muwakkal Iih or something that represented
Muwakkal fiih that is something that is represented to be done, whether it be a business or certain jobs such as buying goods and work on certain projects. In Takaful, which is represented tabarru processing, if there is one particular disaster.
Shigat or depute Lafadz
Shigat, namely Lafadz indicating the representatives of muwakil to a representative. This Shigat such consent qabul in buying and selling.
In addition to the pillars, there are also requirements that must dipernuhi in wakalah, because if the condition = condition is not met, wakalah will be damaged. Terms wakalah is as follows
Muwakil has the power to goods / affairs which will be represented da can act on such property. If muwakil not the owner, wakalah is canceled. In Islamic insurance, the customer must be a person who has a skill in the transaction.
Deputy should people who have the skills and the power to manage the property. In Takaful Islamic insurance company should have professionalism in managing customer funds.
Terms Muwakal Fiih
Muwakal fiih is something that can be represented by sharia law. Shall not sharia law. For example, represent the prayers or represent in ablution.
Represented objects is something that must be owned by muwakil
Something that should be known clearly represented.
Dilhat of hand shapes, objects that represented da tone or absence of legal consequences, wakalah pick some of the following types
The first type: wakalah amah and wakalah khasah
Wakalah amah (public representative)
Wakalah amah which represents a business specializing in general without a case or exclude other cases. Public representatives have the right / power to do all affairs, as long as not contrary to law or for not bringing harm to muwakil.
Wakalah khasah, which represents an affair exclusively on matters represented. For example, represent the only aspects of the sale and purchase and savings and loans only. In this khasah wakalah, representatives are not allowed to work or do something that is not represented him.