Practicing the Profession of Advocacy
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Q: I submit the following question to your eminence, requesting that it be presented to the Permanent Committee for Scholarly Research and Ifta: What is the ruling on practicing the profession of advocacy, with an explanation of the evidence?
A: Practicing the profession of law is permissible in general; because legal representation is an agency in litigation, and agency in litigation is permissible according to the majority of jurists when the client has an excuse, and according to the non-Hanafi school when there is no excuse. This is due to the generality of the evidence regarding agency in the Book and the Sunnah, and because al-Bayhaqi reported that 'Ali (may Allah be pleased with him), when a dispute arose for him, would appoint his brother 'Aqil, and when
he grew older, he would appoint his nephew 'Abd Allah ibn Ja'far, and he used to say: "What is judged for my agent is for me, and what is judged against him is against me." He said this in the presence of the Companions, and none of them objected to him. Also, because there is a need for it; because some people may not be able to articulate their case, so if they are not allowed to appoint an agent, their right is lost. As for the detailed ruling on legal representation: it varies according to what the lawyer does. If he strives with his utmost to establish the truth, refute falsehood, and remove oppression from the oppressed, he is rewarded for his work; because that is a form of the cooperation in righteousness and piety commanded in the saying of Allah the Exalted:[Al-Ma'idah 5:2] . And what he earns from it is permissible earnings. But if the lawyer strives to win the case for which he was appointed, regardless of whether his client is in the right or in the wrong, and exploits his skill to win the case so that a judgment is issued in his favor against his opponent, even if it is based on falsehood - then he is sinful for this action, and the money he obtains as a result is forbidden money; it is not permissible for him to take it or spend it in any field. The evidence for this is abundant, including: 1- The saying of Allah the Exalted: [An-Nisa 4:107] ,
2- The hadith of 'Abd Allah ibn 'Umar (may Allah be pleased with them both) who said: I heard the Messenger of Allah (peace and blessings be upon him) say: It was narrated by Abu Dawud in his Sunan, and the wording is his, and al-Tabarani reported it with a good chain. And in a narration of Abu Dawud : Sunan al-Bayhaqi 6:136 . 3- The hadith of Umm Salama (may Allah be pleased with her) who said: The Messenger of Allah (peace and blessings be upon him) said: It is agreed upon by al-Bukhari and Muslim, and the wording is al-Bukhari's .
A: Practicing the profession of law is permissible in general; because legal representation is an agency in litigation, and agency in litigation is permissible according to the majority of jurists when the client has an excuse, and according to the non-Hanafi school when there is no excuse. This is due to the generality of the evidence regarding agency in the Book and the Sunnah, and because al-Bayhaqi reported that 'Ali (may Allah be pleased with him), when a dispute arose for him, would appoint his brother 'Aqil, and when
he grew older, he would appoint his nephew 'Abd Allah ibn Ja'far, and he used to say: "What is judged for my agent is for me, and what is judged against him is against me." He said this in the presence of the Companions, and none of them objected to him. Also, because there is a need for it; because some people may not be able to articulate their case, so if they are not allowed to appoint an agent, their right is lost. As for the detailed ruling on legal representation: it varies according to what the lawyer does. If he strives with his utmost to establish the truth, refute falsehood, and remove oppression from the oppressed, he is rewarded for his work; because that is a form of the cooperation in righteousness and piety commanded in the saying of Allah the Exalted:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلا تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِAnd do not argue on behalf of those who deceive themselves. Indeed, Allah loves not one who is a habitually sinful deceiver.
وَلا تُجَادِلْ عَنِ الَّذِينَ يَخْتَانُونَ أَنْفُسَهُمْ إِنَّ اللَّهَ لا يُحِبُّ مَنْ كَانَ خَوَّانًا أَثِيمًا2- The hadith of 'Abd Allah ibn 'Umar (may Allah be pleased with them both) who said: I heard the Messenger of Allah (peace and blessings be upon him) say:
Whoever intercedes to prevent the implementation of a limit of Allah has opposed Allah. Whoever litigates in falsehood while knowing it remains in the anger of Allah until he desists. And whoever says about a believer what is not in him, Allah will settle him in the filth of the punishment until he emerges from what he said.
من حالت شفاعته دون حد من حدود الله فقد ضاد الله، ومن خاصم في باطل وهو يعلم لم يزل في سخط الله حتى ينزع، ومن قال في مؤمن ما ليس فيه أسكنه الله ردغة الخبال حتى يخرج مما قالWhoever assists in a lawsuit with oppression has incurred the anger of Allah, the Exalted and Majestic.
من أعان على خصومة بظلم فقد باء بغضب الله عز وجلI am only a human being, and you are bringing your disputes to me. Perhaps some of you are more eloquent in presenting their case than others, so I may rule in favor of one based on what I hear. So if I rule in favor of one of you regarding the right of his brother, let him not take it, for I am only cutting off a piece of the Fire for him.
إنما أنا بشر وإنكم تختصمون إلي ولعل بعضكم ألحن بحجته من بعض فأقضي له على نحو ما أسمع، فمن قضيت له من حق أخيه شيئًا فلا يأخذه فإنما أقطع له من النار
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.