The Ruling on Advocacy and Its Conditions
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Question:
May Allah reward you with good. The question of the brother residing in Riyadh, and his second question, says: What is the ruling on advocacy in Islam, and does it have conditions? And what is the ruling on a person who has practiced it for many years?
Answer:
Advocacy is divided into two categories. Advocacy is litigating on behalf of another in cases before the Sharia courts. You are like this, O Husayn: if the lawyer is in the right and advocates for a right, and does not testify falsely or use forgery—he knows that his client is wronged and that he is in the right—then he defends his right, and there is no harm in that. There is no harm in appointing someone to advocate for him; formerly he was called the agent, and now he is called the lawyer. So there is no harm in agency in disputes, provided that the one being advocated for and the client are in the right and seek to extract their right from an oppressor. The second condition is that the agent and the lawyer be truthful and not use falsehoods; he must present correct information that contains no fabrication. But if that is the case, what is the ruling on advocacy? As for advocacy for falsehood, that is the message. Allah the Exalted said:[An-Nisa 4:105-107]
May Allah reward you with good. The question of the brother residing in Riyadh, and his second question, says: What is the ruling on advocacy in Islam, and does it have conditions? And what is the ruling on a person who has practiced it for many years?
Answer:
Advocacy is divided into two categories. Advocacy is litigating on behalf of another in cases before the Sharia courts. You are like this, O Husayn: if the lawyer is in the right and advocates for a right, and does not testify falsely or use forgery—he knows that his client is wronged and that he is in the right—then he defends his right, and there is no harm in that. There is no harm in appointing someone to advocate for him; formerly he was called the agent, and now he is called the lawyer. So there is no harm in agency in disputes, provided that the one being advocated for and the client are in the right and seek to extract their right from an oppressor. The second condition is that the agent and the lawyer be truthful and not use falsehoods; he must present correct information that contains no fabrication. But if that is the case, what is the ruling on advocacy? As for advocacy for falsehood, that is the message. Allah the Exalted said:
And do not be for the deceitful an advocate. (106) And seek forgiveness of Allah. Indeed, Allah is ever Forgiving and Merciful. (107) And do not argue on behalf of those who deceive themselves. Indeed, Allah loves not one who is a habitually sinful deceiver.
وَلَا تَكُن لِّلْخَائِنِينَ خَصِيمًا وَاسْتَغْفِرِ اللَّهَ إِنَّ اللَّهَ كَانَ غَفُورًا رَّحِيمًا وَلَا تُجَادِلْ عَنِ الَّذِينَ يَخْتَانُونَ أَنفُسَهُمْ إِنَّ اللَّهَ لَا يُحِبُّ مَن كَانَ خَوَّانًا أَثِيمًا
Source
المحاماة في الإسلام وشروطها — alfawzan.live
The Arabic text is a machine transcription of the audio recording.