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Infirad (acting alone, and when a power may be exercised by one of several holders)

الانفراد

Infirad is lexically the reflexive of tafarrud, to stand alone, and the jurists use it in that sense. 1 It arises in several places. Where equal guardians of a woman dispute who shall marry her, the Shafi'is and Hanbalis draw lots, the Malikis leave it to the judge, and the Hanafis allow each to marry her. 123 Two agents may act alone when the principal gives that power to each, and the Hanafis allow one to act alone in matters that need no joint judgement, such as litigation. 4 In a partnership of trade on general terms, each partner may act alone by agreement of the jurists. 5 Where a testator names two executors together, the majority hold that neither may act alone unless he allows it. 56

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Era
The Prophetic Era
Region
Global / Diaspora
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Law and courts

Definition

Infirad is lexically the reflexive of tafarrud, to stand alone, and the jurists use it in that sense. 1

Its applications in fiqh

  • One guardian acting alone in a marriage: where equal guardians dispute who shall act, the Shafi'is and Hanbalis draw lots, the Malikis leave it to the judge to choose the best judgement, and the Hanafis allow each to marry her. 123
  • One guardian acting alone over a minor's property: the Malikis hold that an uncle or senior brother who acts for the child's benefit is valid, since custom treats him as the father. 3
  • One of two agents acting alone: allowed when the principal gives each the power; the Hanafis allow it in matters needing no joint judgement, such as litigation, and not in sale, purchase or marriage without both. 4
  • One of two partners acting alone: in co-ownership it needs consent or a rotation of use; in a partnership of trade on general terms it is allowed by agreement of the jurists. 5
  • One of two executors or supervisors acting alone: the majority hold that where a testator names two together, neither may act alone unless the testator allowed it; Abu Yusuf allows it. 56
  • A wife's separate dwelling: she has a right to a dwelling with its own door and facilities, by the majority; the Malikis do not require one where she agreed to live with her husband's relatives or a co-wife. 6

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3515
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3516
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3517
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3518
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3519
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3520
Cite this page

islam.museum contributors. “Infirad (acting alone, and when a power may be exercised by one of several holders)”. islam.museum, https://islam.museum/en/concept/infirad/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.