What is the Shari'ah's opinion, in your view, regarding the profession of advocacy? Is it lawful or forbidden? Did advocacy exist in Islam?
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The questioner : What is the Shari'ah's opinion, in your view, regarding the profession of advocacy? Is it lawful or forbidden? Did advocacy exist in Islam?
The Shaykh : Advocacy is the agency for a person in litigating against his opponent. The principle of agency is permissible in Islam, as indicated by the Book and the Sunnah. Agency in litigation or in suing an opponent falls under the general scope of agency. Therefore, if the lawyer appointed by a person to litigate against his opponent does not intend by the litigation—or, more accurately, if he does not intend by the advocacy—anything but establishing the truth, refuting falsehood, and giving the one who has a right his due, then there is nothing wrong with advocacy in that case. In fact, it may be an act of kindness toward one who is not skilled in litigation. For this reason, the Prophet (peace and blessings be upon him) said: or he said: .
However, if the lawyer intends to be appointed in this litigation so that the victory goes to his client, whether the client is right or wrong, then that is not permissible. His appointment is forbidden, and what he takes for this agency is also forbidden, because it is aiding in falsehood. And Allah the Mighty and Majestic said:[Al-Ma'idah 5:2] Thus, advocacy has this detail that you have heard. Yes.
The questioner : May Allah bless you. A message has arrived from a listener of the program. The listener here did not mention his name. He says in his question.
The Shaykh : Advocacy is the agency for a person in litigating against his opponent. The principle of agency is permissible in Islam, as indicated by the Book and the Sunnah. Agency in litigation or in suing an opponent falls under the general scope of agency. Therefore, if the lawyer appointed by a person to litigate against his opponent does not intend by the litigation—or, more accurately, if he does not intend by the advocacy—anything but establishing the truth, refuting falsehood, and giving the one who has a right his due, then there is nothing wrong with advocacy in that case. In fact, it may be an act of kindness toward one who is not skilled in litigation. For this reason, the Prophet (peace and blessings be upon him) said:
You are coming to me to dispute, and perhaps some of you may be more eloquent in his argument than others, so I will judge for him based on what I hear. If I judge for him with something of his brother's right, then I am only cutting out for him a piece of the Fire. So let him take it or leave it.
إنكم تختصمون إلي، ولعل بعضكم أن يكون ألحن بحجته من بعض، فأقضي له بنحْوٍ مما أسمع فمن قضيت له بشيء من حق أخيه فإنما أقتطع له قطعة من النار، فليستقل أو ليستكثرSo let him take it or leave it.
فليأخذها أو ليذرHowever, if the lawyer intends to be appointed in this litigation so that the victory goes to his client, whether the client is right or wrong, then that is not permissible. His appointment is forbidden, and what he takes for this agency is also forbidden, because it is aiding in falsehood. And Allah the Mighty and Majestic said:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلا تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِThe questioner : May Allah bless you. A message has arrived from a listener of the program. The listener here did not mention his name. He says in his question.