What is the ruling on working in the field of law?
Machine translationRead the Arabic original
The Shaykh : That is because you know.
The questioner: Yes.
The Shaykh : That the Hanafi school of jurisprudence is not entirely from the revelation of the sky.
The questioner : There is no doubt.
The Shaykh : And that there are opinions and issues of it.
The questioner: Yes.
The Shaykh : Many or few; this is not our discussion now.
The questioner: Yes.
The Shaykh : That contradict the authentic Sunnah.
The student : There is no doubt.
The Shaykh : So, in that case, the one who wants to defend his client within the limits of the Hanafi school of jurisprudence must inevitably fall into contradiction with the Sunnah. We will not take you far, and we will give two examples related to personal status, as it is called in this age. A girl reached the age of maturity.
The questioner: Yes.
The Shaykh : So she married without the permission of her guardian.
The questioner: Yes.
The Shaykh : So what does the Hanafi school of jurisprudence say?
The questioner : There is nothing wrong with it.
The Shaykh : There is nothing wrong with it. Her guardian objected to this marriage and wanted to invalidate it.
The questioner: Yes.
The Shaykh : Due to his saying (peace be upon him):Sunan al-Bayhaqi 10:1088.
The questioner: Yes.
The Shaykh : So the girl hired a lawyer like you, may Allah forbid it.
The questioner: Yes.
The Shaykh : So he relies on the Hanafi school of jurisprudence, will file a case and defend, saying this marriage has nothing wrong with it, and so on, according to the text of personal status laws.
The questioner : ... correct ... .
The Shaykh : This is the example. The second example, and this is more difficult, not only in the Hanafi school of jurisprudence but in the four schools of jurisprudence. A man divorced his wife with the phrase "three" in one session. So one like me, for example, asked him, "This is one divorce if the conditions are met."
The questioner: Yes.
The Shaykh : And the father of the girl finds it suitable and agrees with his desire to execute this divorce, so he files a lawsuit against the son-in-law, saying, "This man divorced my daughter three times, and now he wants to take her back." So the son-in-law, who was divorced three times, also hires a lawyer, and this lawyer will judge according to personal status laws.
The questioner : There is no doubt.
The Shaykh : Okay, and so on. And a free person is sufficient with a gesture, so it is not possible for a lawyer today to defend without contradicting the Shari'ah in many, many places.
The questioner : There is no doubt.
The Shaykh : So this alone, how do you know that law today is not possible.
The questioner : ... Oh Shaykh, the truth is, I found in it a matter of victory and blind fanaticism for the client. I mean, some of them hold onto women to harm them, to take advantage, in order to remain defending a husband, and the wife remains... suspended without divorce... in the cases until she is harmed.
The Shaykh: This is well known.
The questioner : ... Divorce is another matter, my sir. Likewise, it is a real calamity that befalls the husband. If a husband divorces his wife due to her bad character, treatment, or for some reason, the husband, if he divorces her, has the right prescribed for him. They impose on him something called arbitrary divorce.
The Shaykh : Ah, this is well-known.
The questioner : Yes, indeed. If a man divorces his wife, she is entitled to maintenance for one year. Now the law has been amended to three years.
The Shaykh: Allahu Akbar.
The questioner : They impose a new marriage on her. This is for her benefit, to enjoy it. We tell them, "This is not obligatory." They say, "No, this is obligatory... In the House of Representatives, in the official gazette, it was issued for three years. He has to pay, meaning arbitrary divorce. Not to mention the other matters, that the house of obedience, she is not forced into it. All the rulings are truly unfair.
The Shaykh : Yes, exactly.
The questioner : Yes, exactly.
The Shaykh : Okay, are these matters not part of personal status today?
The questioner : Yes, this is part of personal status. I mean, the truth is.
The Shaykh : So how can it be said that this is according to the Hanafi school of jurisprudence?
The questioner : By Allah, oh Shaykh, all the stronger positions with them are according to the school of Abu Hanifa al-Nu'man, and I have no connection to them.
The Shaykh: No, no.
The questioner : Another thing, my sir. Is a man imprisoned for the maintenance of his wife?
The Shaykh : No.
The questioner : He is not imprisoned.
The Shaykh : Yes, exactly.
The questioner : And this is the opinion of our imams, and this is what you are going to now, the opinion of the imams... Imam Ibn Hazm al-Andalusi al-Maghribi says he is not imprisoned.
The Shaykh : Yes, exactly.
The questioner : And this is the best fanaticism for the school of jurisprudence. What does he do?
The Shaykh : The important thing, may Allah bless you.
The questioner : May Allah preserve you.
The Shaykh : I mentioned to you the first matter.
The questioner : Yes, the second.
The Shaykh : The second and last one remains. The one who wants to specialize in law within the limits of the Hanafi school of jurisprudence, I don't know, I told you this yesterday or not. It is like the barber. Ah, he wants to open a salon that does not contradict the Shari'ah, for example, he does not shave beards, and for example, he does not do an English shave or something similar.
The questioner: Yes.
The Shaykh : So, in that case, which customers will come to him? The customers are those who preserve the Sunnah, indeed, it is obligatory.
The questioner: Yes.
The Shaykh : They do not shave their beards. Do you see how many of these are compared to the general public? Those who are forced to go to the barbers are a negligible few.
The questioner: Yes.
The Shaykh : So, in that case, the outcome for this barber will be that he closes his shop.
The questioner : There is no doubt.
The Shaykh : Because his customers are very few.
The questioner: Correct.
The Shaykh : And this is the reality that leads many barbers to be lenient and say, either by their state or by their words, "My brother, we need to live, we need to live," and so on. This will befall the lawyer who wants to defend his clients within the limits of the Hanafi school of jurisprudence. And therefore, I advised you yesterday, and you, if Allah wills, accepted the advice.
The questioner: Yes, by Allah.
The Shaykh : In belief.
The questioner : May Allah bless you.
The Shaykh : And what remains for you is only to implement it in action, and that is what I think of you, if Allah wills.
The questioner : May Allah bless your life, O Shaykh.
The Shaykh : And now a thought came to my mind, which we add to the first and second matter.
The questioner: Yes.
The Shaykh : From the virtues of law, that our friend the lawyer, we lost him.
The questioner : Yes, yes, you are right.
The Shaykh : So, this is enough for you.
The questioner : ... Repentance and return.
The Shaykh : Welcome.
The questioner : May you be blessed, oh Shaykh.
The Shaykh : Here, a brother of ours wants to speak to you.
The questioner: Yes.
The Shaykh : I say, peace be upon you.
The student : And upon you be peace, and the mercy of Allah and His blessings.
The student: Peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings and His forgiveness.
The student : Welcome, brother Abu Hamza.
The questioner : Oh, welcome, you are a reformer.
The student : No, my name is Sami Khalifa, the one you called atThe Shaykh : Abdul Aziz.
The questioner : Oh, welcome.
The student : Do you remember me?
The questioner : By Allah, if it is not by face, meaning it might not be by name, but by face, oh, welcome.
The student : Welcome, oh Shaykh.
The questioner : Welcome, may your Lord honor you.
The student : Perhaps you remember me by the books that my brother Muhammad Rida left with me two years ago.
The questioner : By Allah, oh, how wonderful, you have them.
The student : They are present, praise be to Allah.
The questioner : Okay, do you have a phone? Okay, take my phone number and call the second time at the same time.
The student : The Shaykh : May Allah reward him with good. He points to the phone here, meaning.
The questioner : Yes, in which mosque do you pray?
The student : Al-Noor Mosque, Fajr, Zuhr, and Asr, usually, I mean.
The questioner : Where is this Al-Noor Mosque? The one in the roundaboutThe Shaykh : MosqueThe Shaykh .
The questioner : Where is this Al-Noor Mosque?
The student : The one in the roundaboutThe Shaykh : MosqueThe Shaykh .
The questioner : Al-Noor Mosque.
The student: Yes.
The questioner : Fajr and what?
The student : And Zuhr and Asr.
The questioner : And Zuhr and Asr.
The student: Yes.
The questioner : So I will try, if Allah wills, I will try in one of the prayers to see you.
The student : Okay, fine.
The questioner : Brother Sami, ah.
The student: Yes.
The questioner : Sami, my brother, you haven't changed, do you remember me, my brother?
The student : The situation is going well, may Allah reward you with good.
The questioner : ... A brother in Allah.
The student: Okay, peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The questioner: Yes.
The Shaykh : That the Hanafi school of jurisprudence is not entirely from the revelation of the sky.
The questioner : There is no doubt.
The Shaykh : And that there are opinions and issues of it.
The questioner: Yes.
The Shaykh : Many or few; this is not our discussion now.
The questioner: Yes.
The Shaykh : That contradict the authentic Sunnah.
The student : There is no doubt.
The Shaykh : So, in that case, the one who wants to defend his client within the limits of the Hanafi school of jurisprudence must inevitably fall into contradiction with the Sunnah. We will not take you far, and we will give two examples related to personal status, as it is called in this age. A girl reached the age of maturity.
The questioner: Yes.
The Shaykh : So she married without the permission of her guardian.
The questioner: Yes.
The Shaykh : So what does the Hanafi school of jurisprudence say?
The questioner : There is nothing wrong with it.
The Shaykh : There is nothing wrong with it. Her guardian objected to this marriage and wanted to invalidate it.
The questioner: Yes.
The Shaykh : Due to his saying (peace be upon him):
There is no marriage except with a guardian and two just witnesses
لا نكاحَ إلا بوليٍّ وشاهدَي عدلThe questioner: Yes.
The Shaykh : So the girl hired a lawyer like you, may Allah forbid it.
The questioner: Yes.
The Shaykh : So he relies on the Hanafi school of jurisprudence, will file a case and defend, saying this marriage has nothing wrong with it, and so on, according to the text of personal status laws.
The questioner : ... correct ... .
The Shaykh : This is the example. The second example, and this is more difficult, not only in the Hanafi school of jurisprudence but in the four schools of jurisprudence. A man divorced his wife with the phrase "three" in one session. So one like me, for example, asked him, "This is one divorce if the conditions are met."
The questioner: Yes.
The Shaykh : And the father of the girl finds it suitable and agrees with his desire to execute this divorce, so he files a lawsuit against the son-in-law, saying, "This man divorced my daughter three times, and now he wants to take her back." So the son-in-law, who was divorced three times, also hires a lawyer, and this lawyer will judge according to personal status laws.
The questioner : There is no doubt.
The Shaykh : Okay, and so on. And a free person is sufficient with a gesture, so it is not possible for a lawyer today to defend without contradicting the Shari'ah in many, many places.
The questioner : There is no doubt.
The Shaykh : So this alone, how do you know that law today is not possible.
The questioner : ... Oh Shaykh, the truth is, I found in it a matter of victory and blind fanaticism for the client. I mean, some of them hold onto women to harm them, to take advantage, in order to remain defending a husband, and the wife remains... suspended without divorce... in the cases until she is harmed.
The Shaykh: This is well known.
The questioner : ... Divorce is another matter, my sir. Likewise, it is a real calamity that befalls the husband. If a husband divorces his wife due to her bad character, treatment, or for some reason, the husband, if he divorces her, has the right prescribed for him. They impose on him something called arbitrary divorce.
The Shaykh : Ah, this is well-known.
The questioner : Yes, indeed. If a man divorces his wife, she is entitled to maintenance for one year. Now the law has been amended to three years.
The Shaykh: Allahu Akbar.
The questioner : They impose a new marriage on her. This is for her benefit, to enjoy it. We tell them, "This is not obligatory." They say, "No, this is obligatory... In the House of Representatives, in the official gazette, it was issued for three years. He has to pay, meaning arbitrary divorce. Not to mention the other matters, that the house of obedience, she is not forced into it. All the rulings are truly unfair.
The Shaykh : Yes, exactly.
The questioner : Yes, exactly.
The Shaykh : Okay, are these matters not part of personal status today?
The questioner : Yes, this is part of personal status. I mean, the truth is.
The Shaykh : So how can it be said that this is according to the Hanafi school of jurisprudence?
The questioner : By Allah, oh Shaykh, all the stronger positions with them are according to the school of Abu Hanifa al-Nu'man, and I have no connection to them.
The Shaykh: No, no.
The questioner : Another thing, my sir. Is a man imprisoned for the maintenance of his wife?
The Shaykh : No.
The questioner : He is not imprisoned.
The Shaykh : Yes, exactly.
The questioner : And this is the opinion of our imams, and this is what you are going to now, the opinion of the imams... Imam Ibn Hazm al-Andalusi al-Maghribi says he is not imprisoned.
The Shaykh : Yes, exactly.
The questioner : And this is the best fanaticism for the school of jurisprudence. What does he do?
The Shaykh : The important thing, may Allah bless you.
The questioner : May Allah preserve you.
The Shaykh : I mentioned to you the first matter.
The questioner : Yes, the second.
The Shaykh : The second and last one remains. The one who wants to specialize in law within the limits of the Hanafi school of jurisprudence, I don't know, I told you this yesterday or not. It is like the barber. Ah, he wants to open a salon that does not contradict the Shari'ah, for example, he does not shave beards, and for example, he does not do an English shave or something similar.
The questioner: Yes.
The Shaykh : So, in that case, which customers will come to him? The customers are those who preserve the Sunnah, indeed, it is obligatory.
The questioner: Yes.
The Shaykh : They do not shave their beards. Do you see how many of these are compared to the general public? Those who are forced to go to the barbers are a negligible few.
The questioner: Yes.
The Shaykh : So, in that case, the outcome for this barber will be that he closes his shop.
The questioner : There is no doubt.
The Shaykh : Because his customers are very few.
The questioner: Correct.
The Shaykh : And this is the reality that leads many barbers to be lenient and say, either by their state or by their words, "My brother, we need to live, we need to live," and so on. This will befall the lawyer who wants to defend his clients within the limits of the Hanafi school of jurisprudence. And therefore, I advised you yesterday, and you, if Allah wills, accepted the advice.
The questioner: Yes, by Allah.
The Shaykh : In belief.
The questioner : May Allah bless you.
The Shaykh : And what remains for you is only to implement it in action, and that is what I think of you, if Allah wills.
The questioner : May Allah bless your life, O Shaykh.
The Shaykh : And now a thought came to my mind, which we add to the first and second matter.
The questioner: Yes.
The Shaykh : From the virtues of law, that our friend the lawyer, we lost him.
The questioner : Yes, yes, you are right.
The Shaykh : So, this is enough for you.
The questioner : ... Repentance and return.
The Shaykh : Welcome.
The questioner : May you be blessed, oh Shaykh.
The Shaykh : Here, a brother of ours wants to speak to you.
The questioner: Yes.
The Shaykh : I say, peace be upon you.
The student : And upon you be peace, and the mercy of Allah and His blessings.
The student: Peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings and His forgiveness.
The student : Welcome, brother Abu Hamza.
The questioner : Oh, welcome, you are a reformer.
The student : No, my name is Sami Khalifa, the one you called atThe Shaykh : Abdul Aziz.
The questioner : Oh, welcome.
The student : Do you remember me?
The questioner : By Allah, if it is not by face, meaning it might not be by name, but by face, oh, welcome.
The student : Welcome, oh Shaykh.
The questioner : Welcome, may your Lord honor you.
The student : Perhaps you remember me by the books that my brother Muhammad Rida left with me two years ago.
The questioner : By Allah, oh, how wonderful, you have them.
The student : They are present, praise be to Allah.
The questioner : Okay, do you have a phone? Okay, take my phone number and call the second time at the same time.
The student : The Shaykh : May Allah reward him with good. He points to the phone here, meaning.
The questioner : Yes, in which mosque do you pray?
The student : Al-Noor Mosque, Fajr, Zuhr, and Asr, usually, I mean.
The questioner : Where is this Al-Noor Mosque? The one in the roundaboutThe Shaykh : MosqueThe Shaykh .
The questioner : Where is this Al-Noor Mosque?
The student : The one in the roundaboutThe Shaykh : MosqueThe Shaykh .
The questioner : Al-Noor Mosque.
The student: Yes.
The questioner : Fajr and what?
The student : And Zuhr and Asr.
The questioner : And Zuhr and Asr.
The student: Yes.
The questioner : So I will try, if Allah wills, I will try in one of the prayers to see you.
The student : Okay, fine.
The questioner : Brother Sami, ah.
The student: Yes.
The questioner : Sami, my brother, you haven't changed, do you remember me, my brother?
The student : The situation is going well, may Allah reward you with good.
The questioner : ... A brother in Allah.
The student: Okay, peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.