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The question

What is the ruling on a Muslim authorizing a non-Muslim to sell a commodity or to conclude a Salam contract and deliver it to the buyer, with the agent receiving the price and retaining the profit without the principal overseeing his actions, given that the agent manufactures the commodity, delivers it, and then later pays the principal his share of the profit?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed on the ruling of a Muslim appointing a non-Muslim as an agent in financial transactions. The Malikis prohibited it because the non-Muslim deals with usury and deems it lawful, and does not investigate what is lawful, nor does he know the conditions of the contracted-upon matter. Whereas, other than the Malikis permitted appointing a disbeliever as an agent in anything in which his disposition is valid, because justice and religion are not stipulated in agency.

It is more likely that it is permissible to appoint a non-Muslim as an agent if the principal is able to legally regulate the transaction and obligate the agent to do so, especially if the principal does not monitor the disbeliever's actions and how he disposes of the funds.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
175771
Imported
Translation status
Source text, unreviewed
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