The Ruling on Advocacy and Its Regulations in the Shari'ah
Machine translationRead the Arabic original
Question:
Finally, the brother asks about advocacy in Islamic law. What is your opinion on it? Is its income forbidden? Does it have any regulations?
Answer:
Advocacy is agency in litigation. If the agent or lawyer is truthful and does not lie in the litigation, and is appointed on the basis of a right, there is nothing wrong with it. But if the opposite is the case, and the lawyer lies, fabricates, and knows that the client is not in the right yet litigates on his behalf, this is not permissible. Allah the Exalted said:[An-Nisa 4:107] It is not permissible for a person to be a lawyer for the people of evil, the people of falsehood, and the people of lying, in order to eat the money of people or to take the money of people for them through falsehood and slander. Yes.
Finally, the brother asks about advocacy in Islamic law. What is your opinion on it? Is its income forbidden? Does it have any regulations?
Answer:
Advocacy is agency in litigation. If the agent or lawyer is truthful and does not lie in the litigation, and is appointed on the basis of a right, there is nothing wrong with it. But if the opposite is the case, and the lawyer lies, fabricates, and knows that the client is not in the right yet litigates on his behalf, this is not permissible. Allah the Exalted said:
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
نور على الدرب - الفوزان - 03/179 — archive.org (13:46)
The Arabic text is a machine transcription of the audio recording.