The Ruling on Advocacy and Its Conditions
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Question:
What is the ruling on legal representation in Islam, and does it have conditions? What is the ruling on a person who has practiced it for many years?
Answer:
Legal representation is divided into two categories. It is the act of litigating on behalf of others in cases before the Shari'ah courts. It is divided into two types: if the lawyer is scrupulous and defends on the basis of truth, does not lie, and does not use forgery, and he knows that his client is wronged and that he is in the right, then he defends his right. There is no harm in that. There is no harm in appointing someone to defend him. In the past, this was called the agent (wakil), and now they call him the lawyer. This is agency in litigation, on the condition that the one being defended and the client are in the right, seeking to recover their right from an oppressor.
The second condition is that the agent and the lawyer must be truthful, not using lies, and providing accurate information that contains no forgery or falsehood. If that is the case, then there is no harm in legal representation. As for legal representation in falsehood, regarding this, Allah the Exalted said:[An-Nisa 4:105-107] Yes.
The presenter:
May Allah reward you.
What is the ruling on legal representation in Islam, and does it have conditions? What is the ruling on a person who has practiced it for many years?
Answer:
Legal representation is divided into two categories. It is the act of litigating on behalf of others in cases before the Shari'ah courts. It is divided into two types: if the lawyer is scrupulous and defends on the basis of truth, does not lie, and does not use forgery, and he knows that his client is wronged and that he is in the right, then he defends his right. There is no harm in that. There is no harm in appointing someone to defend him. In the past, this was called the agent (wakil), and now they call him the lawyer. This is agency in litigation, on the condition that the one being defended and the client are in the right, seeking to recover their right from an oppressor.
The second condition is that the agent and the lawyer must be truthful, not using lies, and providing accurate information that contains no forgery or falsehood. If that is the case, then there is no harm in legal representation. As for legal representation in falsehood, regarding this, 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 أَثِيمًاThe presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 03/253 — archive.org (11:33)
The Arabic text is a machine transcription of the audio recording.