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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Shaykh's advice to the lawyer to fear Allah (Mighty and Majestic) in his work and to strive to divert non-Shari'ah cases from himself.

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The Shaykh: In that he takes from it and avoids falling into Shari'ah violation. I wanted to proceed with the full topic, but he interrupts and says, for example, "A case is brought to me that so-and-so committed zina with so-and-so. The law in our country says: if the family of the woman with whom zina was committed files a lawsuit against the fornicator, we hear the case; but if they are reconciled, there is no case." He said, "Even though the Shari'ah does not recognize this." I said to him, "You are right. This is what I wanted to delve into. You are telling me now, 'Is it obligatory on me if I divert this lawsuit to someone else?'" I said to him, "This is the legal exit. Do not judge by other than what Allah has revealed. Therefore, the legal expert and the lawyer are bound by the same system. So, when he knows that he will be forced to plead and argue for a case that contradicts the Shari'ah, he should not take it on. This is the answer..."

The questioner: ... He says, "I divert it to another person..."

The Shaykh: No, no, this is what we told him, meaning if he is able, he may not be able...

The questioner: He is not able, O Shaykh.

The Shaykh: He is not able...

The questioner : ... .

The Shaykh : ... ...

The questioner: ... When the cases come, meaning four or five... Who do the cases come to?

The Shaykh: Yes...

The questioner: He reviews them... Number one enters, number two, number three, yes.

Another questioner: They are distributed...

The questioner: Yes.

Another questioner: They are distributed.

Another questioner: Yes, they are distributed to him.

The Shaykh: And upon you be peace and the mercy of Allah...

The questioner: And upon you be peace. He has no choice; a lawsuit comes to him and he cannot transfer it, except in one case: if he is not present, the urgency of the judicial review may allow referral to the next judge according to his decision. It is permissible. The public prosecutor cannot handle this case due to the large number of cases he has, so this case is postponed to the next day.

The Shaykh: In any case, the purpose is that he strives...

The questioner: Perhaps I have...

The Shaykh: The important thing is that this afflicted person strives to divert the affliction from himself...

The questioner: In many laws, O our Shaykh, now there are some Muslim lawyers who fear Allah; when a case comes, they study it, and when they see something forbidden in it, they stay away from it.

The Shaykh : This is...

The questioner: The lawyer has... more than the public prosecutor.

The Shaykh: Without doubt...

The questioner : ... .

The Shaykh: Yes.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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