The Difference Between a Judge and a Lawyer, and the Ruling on Advocacy
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the difference between a judge and a lawyer? And is it permissible for Muslims to employ lawyers and practice advocacy?
Answer:
The difference between a judge and a lawyer is clear. The lawyer is an agent for the litigant, whereas the judge is the one who adjudicates between the litigants. A lawyer means the agent who is entrusted by one of the two parties to present the case or respond to the claim. That is the lawyer. We say regarding advocacy: if he is defending a right and there is no lying involved, there is no harm; agency is permissible. However, if he is defending a wrongdoer or an unjust opponent, that is not permissible. Allah the Exalted said:[An-Nisa 4:105] [An-Nisa 4:109]?
It is not permissible for you to litigate on behalf of an unjust person or a wrongdoer, when you know that he is unjust and that he is a wrongdoer. This is not permissible for you.
Yes.[An-Nisa 4:107]. This is advocacy on behalf of the people of falsehood, the people of lying, and the people of forgery. Yes.
Honorable Shaykh, what is the difference between a judge and a lawyer? And is it permissible for Muslims to employ lawyers and practice advocacy?
Answer:
The difference between a judge and a lawyer is clear. The lawyer is an agent for the litigant, whereas the judge is the one who adjudicates between the litigants. A lawyer means the agent who is entrusted by one of the two parties to present the case or respond to the claim. That is the lawyer. We say regarding advocacy: if he is defending a right and there is no lying involved, there is no harm; agency is permissible. However, if he is defending a wrongdoer or an unjust opponent, that is not permissible. Allah the Exalted said:
And do not be for the deceitful an advocate.
وَلَا تَكُن لِّلْخَائِنِينَ خَصِيمًاHere you are - those who argue on their behalf in [this] worldly life - but who will argue with Allah for them on the Day of Resurrection, or who will [then] be their representative?
هَا أَنتُمْ هَٰؤُلَاءِ جَادَلْتُمْ عَنْهُمْ فِي الْحَيَاةِ الدُّنْيَا فَمَن يُجَادِلُ اللَّهَ عَنْهُمْ يَوْمَ الْقِيَامَةِ أَم مَّن يَكُونُ عَلَيْهِمْ وَكِيلًاIt is not permissible for you to litigate on behalf of an unjust person or a wrongdoer, when you know that he is unjust and that he is a wrongdoer. This is not permissible for you.
Yes.
And do not argue on behalf of those who deceive themselves. Indeed, Allah loves not one who is a habitually sinful deceiver.
وَلَا تُجَادِلْ عَنِ الَّذِينَ يَخْتَانُونَ أَنفُسَهُمْ إِنَّ اللَّهَ لَا يُحِبُّ مَن كَانَ خَوَّانًا أَثِيمًا
Source
الفرق بين القاضي والمحامي وحكم العمل بالمحاماة — alfawzan.live
The Arabic text is a machine transcription of the audio recording.