Ruling on working as a private or public lawyer
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Ruling on working as a private or public lawyer
In Kuwait, a lawyer is either private or public. The private lawyer is one who usually works on behalf of the state and defends the rights of the state. Among these rights, there may be matters that raise questions in one's mind regarding what is lawful and what is forbidden. For example, regarding the pursuit of street vendors, which the state prohibits as a type of trade, he plays the role of the person who defends the state against the person engaged in trade, even though the authority has forbidden it.
As for the public lawyer, he works in all types of cases. We ask for clarification regarding the private and public lawyer from the perspective of the Shari'ah?
In any case, the meaning of the lawyer is: The defender who protects rights, if it is with truth, there is nothing wrong with it.Meaning: If there is a person who has a right against another, and he knows that he is in the right, but he is unable to express himself, so he appoints another person who is stronger in expression to defend him, then there is nothing wrong with that.Therefore, the Prophet (peace and blessings be upon him) said: (You are coming to me to be judged, and perhaps some of you are more eloquent in their argument than others, so I will judge in favor of the one whose argument I hear to be stronger. So if I judge for him something of his brother's right, then I am only cutting out for him a piece of fire from the Hellfire, so let him take it or leave it).
As for the lawyer who wants to win for the one who appointed him, whether with truth or falsehood, this is not permissible.
As for roaming around to sell and buy in a country where the government prohibits that, I see that it is not permissible to roam and sell and buy; because the ruler has the right to command and prohibit what does not contradict the Shari'ah, and he sees that it is in the interest of trade that it not be chaotic, and to prevent roaming, or shopping while roaming, so there is no blame;Because if we said: If a person were free in everything, not obeying the government's order and not paying attention to it, it would be chaos.It remains for us to say: The government must look into the matter and not wrong anyone. So if it sees, for example, that shop owners are monopolizing goods and selling them for more than their price, and that the roaming vendors are selling them for less, certainly; because they do not have rent or responsibility, it must reconcile between these and those.So here are two considerations: The first consideration: is for the government.And the second: For the roaming vendor, the roaming vendor is not allowed to roam when the government has prohibited it, and the government must look into the shop owners so that they do not monopolize goods and sell them for whatever they wish.
But the doubt may fall on some lawyers in that they practice this profession while referring to man-made laws. This is not a man-made law; this is a law that the state saw to be in the interest. As for the general laws, one may need to look at each law individually.
In Kuwait, a lawyer is either private or public. The private lawyer is one who usually works on behalf of the state and defends the rights of the state. Among these rights, there may be matters that raise questions in one's mind regarding what is lawful and what is forbidden. For example, regarding the pursuit of street vendors, which the state prohibits as a type of trade, he plays the role of the person who defends the state against the person engaged in trade, even though the authority has forbidden it.
As for the public lawyer, he works in all types of cases. We ask for clarification regarding the private and public lawyer from the perspective of the Shari'ah?
In any case, the meaning of the lawyer is: The defender who protects rights, if it is with truth, there is nothing wrong with it.Meaning: If there is a person who has a right against another, and he knows that he is in the right, but he is unable to express himself, so he appoints another person who is stronger in expression to defend him, then there is nothing wrong with that.Therefore, the Prophet (peace and blessings be upon him) said: (You are coming to me to be judged, and perhaps some of you are more eloquent in their argument than others, so I will judge in favor of the one whose argument I hear to be stronger. So if I judge for him something of his brother's right, then I am only cutting out for him a piece of fire from the Hellfire, so let him take it or leave it).
As for the lawyer who wants to win for the one who appointed him, whether with truth or falsehood, this is not permissible.
As for roaming around to sell and buy in a country where the government prohibits that, I see that it is not permissible to roam and sell and buy; because the ruler has the right to command and prohibit what does not contradict the Shari'ah, and he sees that it is in the interest of trade that it not be chaotic, and to prevent roaming, or shopping while roaming, so there is no blame;Because if we said: If a person were free in everything, not obeying the government's order and not paying attention to it, it would be chaos.It remains for us to say: The government must look into the matter and not wrong anyone. So if it sees, for example, that shop owners are monopolizing goods and selling them for more than their price, and that the roaming vendors are selling them for less, certainly; because they do not have rent or responsibility, it must reconcile between these and those.So here are two considerations: The first consideration: is for the government.And the second: For the roaming vendor, the roaming vendor is not allowed to roam when the government has prohibited it, and the government must look into the shop owners so that they do not monopolize goods and sell them for whatever they wish.
But the doubt may fall on some lawyers in that they practice this profession while referring to man-made laws. This is not a man-made law; this is a law that the state saw to be in the interest. As for the general laws, one may need to look at each law individually.