What is the ruling on engaging in the judiciary and advocacy in the present time? And what is the case in countries that rule by man-made laws?
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The questioner : What is the ruling on working in the field of the judiciary or advocacy, knowing that this is in a state that does not adopt the legal rulings derived from the Book and the Sunnah, but rather the man-made laws originating from the West?
The Shaykh : Yes, I do not believe it is permissible to engage in advocacy in the present era, for the reason mentioned by the brother.The questioner : Unless we assume a very difficult matter, and in my opinion, it is not possible for anyone to adhere to it unless he possesses two rare qualities in this time:
The first quality is that the lawyer has studied the religious knowledge derived from the Book and the Sunnah on one hand, and has also studied the man-made laws on the other hand. This alone is sufficient to say that if we imagine finding such a person, it is almost impossible, because these lawyers who study man-made laws spend many years of their lives doing so. When, then, can such a person find the time to study the Islamic Shari'ah in light of the Book and the Sunnah, as is obligatory for every scholar who wants to adopt a religious ruling?
The second thing, which is also rare like the first, is that we imagine this lawyer to be of the utmost integrity. So when a person comes to him asking him to defend a right he has, he studies this right in light of the two sciences he possesses: the science of the Book and the Sunnah, and the science of the law he studied. If he finds a possible legal means to reach the right claimed by his client, and this does not contradict his knowledge of the Shari'ah, then he takes on the defense. But I believe that if the lawyer remains steadfast for a year or two, his desires will soon incline him, and he will step out of the circle of seeking the right, whether it is for his client or against him, and he will proceed according to the material benefit that brings him profit. This is very difficult.
Therefore, we say: Advocacy is not permissible within the limits of the laws in force in this time.
The Shaykh : Yes, I do not believe it is permissible to engage in advocacy in the present era, for the reason mentioned by the brother.The questioner : Unless we assume a very difficult matter, and in my opinion, it is not possible for anyone to adhere to it unless he possesses two rare qualities in this time:
The first quality is that the lawyer has studied the religious knowledge derived from the Book and the Sunnah on one hand, and has also studied the man-made laws on the other hand. This alone is sufficient to say that if we imagine finding such a person, it is almost impossible, because these lawyers who study man-made laws spend many years of their lives doing so. When, then, can such a person find the time to study the Islamic Shari'ah in light of the Book and the Sunnah, as is obligatory for every scholar who wants to adopt a religious ruling?
The second thing, which is also rare like the first, is that we imagine this lawyer to be of the utmost integrity. So when a person comes to him asking him to defend a right he has, he studies this right in light of the two sciences he possesses: the science of the Book and the Sunnah, and the science of the law he studied. If he finds a possible legal means to reach the right claimed by his client, and this does not contradict his knowledge of the Shari'ah, then he takes on the defense. But I believe that if the lawyer remains steadfast for a year or two, his desires will soon incline him, and he will step out of the circle of seeking the right, whether it is for his client or against him, and he will proceed according to the material benefit that brings him profit. This is very difficult.
Therefore, we say: Advocacy is not permissible within the limits of the laws in force in this time.
Source
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