The agent in litigation is a trustee
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Fatwa number ( 17899 )
Q: Due to my relationships with people, some trust me and feel secure in my good conduct, so they appoint me as their representative to file certain legal cases in the Shari'ah courts and before some specialized committees, such as the Commercial Papers Committee at the Ministry of Commerce, the Labor Disputes Settlement Committee at the Ministry of Labor and Social Affairs, and the Banking Committee at the Saudi Arabian Monetary Authority. Since I am a Shari'ah agent, those who appoint me hand over documents and papers to me. If these are presented to the Shari'ah judge or submitted to the specialized committees, the person who appointed me will lose the case, his claim will be dismissed, or a ruling will be issued against him. The truth is that I find it difficult in my heart not to present these documents and exhibit them during the hearing of the case. Sometimes I decline to continue the case, return the documents and papers to their owner, and withdraw from the case. I ask for guidance, may Allah reward you, regarding what is obligatory for me in such matters; because sometimes those who appoint me get angry and accuse me of lacking trustworthiness in
the submission of those documents, which sometimes become the cause of not winning the case and of a ruling being issued against him. And is it my right as a Shari'ah agent to ask the judge to appeal the ruling, despite my personal conviction in the ruling, if the person who appointed me is not convinced by it (the ruling)?
A: The agent in litigation is a trustee, and he must fear Allah and defend his client through lawful means, and he must not be driven by worldly greed to enter into litigation on a false claim. In the hadith, the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2320Hasan (Darussalam) narrated by Abu Dawud , and the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 6952 narrated by al-Bukhari . The agent must examine the case before entering into litigation; if it is not in the right, let him refrain. Likewise, if it becomes clear to the agent later
that the case is not in the right, let him withdraw from the case and not proceed with it. Let the lawyer beware of concealing documents that clarify and reveal the right; because that is betrayal. Allah the Exalted said:[An-Nisa 4:107] , and Allah the Exalted said: [An-Nisa 4:109] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Due to my relationships with people, some trust me and feel secure in my good conduct, so they appoint me as their representative to file certain legal cases in the Shari'ah courts and before some specialized committees, such as the Commercial Papers Committee at the Ministry of Commerce, the Labor Disputes Settlement Committee at the Ministry of Labor and Social Affairs, and the Banking Committee at the Saudi Arabian Monetary Authority. Since I am a Shari'ah agent, those who appoint me hand over documents and papers to me. If these are presented to the Shari'ah judge or submitted to the specialized committees, the person who appointed me will lose the case, his claim will be dismissed, or a ruling will be issued against him. The truth is that I find it difficult in my heart not to present these documents and exhibit them during the hearing of the case. Sometimes I decline to continue the case, return the documents and papers to their owner, and withdraw from the case. I ask for guidance, may Allah reward you, regarding what is obligatory for me in such matters; because sometimes those who appoint me get angry and accuse me of lacking trustworthiness in
the submission of those documents, which sometimes become the cause of not winning the case and of a ruling being issued against him. And is it my right as a Shari'ah agent to ask the judge to appeal the ruling, despite my personal conviction in the ruling, if the person who appointed me is not convinced by it (the ruling)?
A: The agent in litigation is a trustee, and he must fear Allah and defend his client through lawful means, and he must not be driven by worldly greed to enter into litigation on a false claim. In the hadith, the Prophet (peace and blessings be upon him) said:
he will remain subject to the wrath of Allah until he gives it up
من خاصم في باطل لم يزل في سخط الله حتى ينزعHelp your brother whether he is an oppressor or an oppressed," A man said, "O Allah's Messenger (ﷺ)! I will help him if he is oppressed, but if he is an oppressor, how shall I help him?" The Prophet (ﷺ) said, "By preventing him from oppressing (others), for that is how to help him."
انصر أخاك ظالمًا أو مظلومًا فقال رجل: يا رسول الله، أنصره إذا كان مظلومًا، أرأيت إن كان ظالمًا كيف أنصره؟ قال: تحجزه وتمنعه من الظلم، فإن ذلك نصرهthat the case is not in the right, let him withdraw from the case and not proceed with it. Let the lawyer beware of concealing documents that clarify and reveal the right; because that is betrayal. 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.
وَلاَ تُجَادِلْ عَنِ الَّذِينَ يَخْتَانُونَ أَنْفُسَهُمْ إِنَّ اللَّهَ لاَ يُحِبُّ مَنْ كَانَ خَوَّانًا أَثِيمًاHere 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 أَنْتُمْ هَؤُلاءِ جَادَلْتُمْ عَنْهُمْ فِي الْحَيَاةِ الدُّنْيَا فَمَنْ يُجَادِلُ اللَّهَ عَنْهُمْ يَوْمَ الْقِيَامَةِ أَمْ مَنْ يَكُونُ عَلَيْهِمْ وَكِيلا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.