What is the ruling on the practice of law, whether the lawyer is public or private?
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The questioner : In Kuwait, a lawyer is either private or public. The private lawyer usually works on behalf of the state to defend its interests. Sometimes, his arguments in defending the state's rights involve some doubtful matters, such as pursuing itinerant merchants whose work the state has prohibited; he defends the state's decisions regarding them. As for the public lawyer, he works in all types of grievances, as you know. We ask you to clarify the religious ruling regarding the private and public lawyer.
The Shaykh : In any case, a lawyer means a defender who protects rights. If it is for a right, there is no harm. That is, a person has a right against another and knows that he is in the right, but he is unable to express it, so he appoints another person who is stronger in expression to defend him. This is permissible. For this reason, the Prophet (peace and blessings be upon him) said:.
As for the lawyer who wants to win for his client whether he is in the right or in the wrong, this is not permissible. As for itinerant selling and buying in a country where the government prohibits it, I think it is not permissible to wander and sell and buy, because the ruler has the right to command and prohibit what does not contradict the Shari'ah. And if he sees that it is in the interest of trade that it not be chaotic, and he prohibits wandering or trading by wandering, there is no harm. Because if we say that a person is free in everything and does not obey the government's order or pay attention to it, it is chaos.
It remains for us to say that the government must look into the matter and not wrong anyone. If it sees, for example, that shop owners are monopolizing goods and selling them for more than their price, and that itinerant merchants are selling them for less, certainly because they do not have rents or responsibilities, it must reconcile between these and those. Here there are two considerations:
The first consideration is for the government, and the second consideration is for the itinerant merchant. The itinerant merchant is not allowed to wander if the government has prohibited it, and the government must look into these shop owners so that they do not monopolize goods and sell them wherever they wish for whatever they wish.
The questioner : A continuation of the question!
The Shaykh : That is enough, one question.
The questioner : It is the same question, O Shaykh, because the doubt arises with some lawyers in that their practice of this profession is their resorting to man-made laws.
The Shaykh : This is not a man-made law; this is a law that the state saw to be in the public interest.
The questioner : I do not mean the commercial law and the issue of the itinerant seller; I mean the general laws of the country.
The Shaykh : Regarding the general laws, a person needs to look at every law, yes.
The Shaykh : In any case, a lawyer means a defender who protects rights. If it is for a right, there is no harm. That is, a person has a right against another and knows that he is in the right, but he is unable to express it, so he appoints another person who is stronger in expression to defend him. This is permissible. For this reason, the Prophet (peace and blessings be upon him) said:
You come to me with disputes, and perhaps some of you may be more eloquent in his argument than another, so I judge in his favor based on what I hear. So whoever I judge in favor of with something of his brother's right, I am only cutting off for him a piece of fire, so let him take it or leave it.
إنّكم تختصمون إليّ ولعلّ بعضكم أن يكون ألحن بحجّته من بعض فأقضي له بنحو ما أسمع، فمن قضيت له بشيء من حقّ أخيه فإنّما أقتطع له جمرة من النّار فليستقلّ أو ليستكثرAs for the lawyer who wants to win for his client whether he is in the right or in the wrong, this is not permissible. As for itinerant selling and buying in a country where the government prohibits it, I think it is not permissible to wander and sell and buy, because the ruler has the right to command and prohibit what does not contradict the Shari'ah. And if he sees that it is in the interest of trade that it not be chaotic, and he prohibits wandering or trading by wandering, there is no harm. Because if we say that a person is free in everything and does not obey the government's order or pay attention to it, it is chaos.
It remains for us to say that the government must look into the matter and not wrong anyone. If it sees, for example, that shop owners are monopolizing goods and selling them for more than their price, and that itinerant merchants are selling them for less, certainly because they do not have rents or responsibilities, it must reconcile between these and those. Here there are two considerations:
The first consideration is for the government, and the second consideration is for the itinerant merchant. The itinerant merchant is not allowed to wander if the government has prohibited it, and the government must look into these shop owners so that they do not monopolize goods and sell them wherever they wish for whatever they wish.
The questioner : A continuation of the question!
The Shaykh : That is enough, one question.
The questioner : It is the same question, O Shaykh, because the doubt arises with some lawyers in that their practice of this profession is their resorting to man-made laws.
The Shaykh : This is not a man-made law; this is a law that the state saw to be in the public interest.
The questioner : I do not mean the commercial law and the issue of the itinerant seller; I mean the general laws of the country.
The Shaykh : Regarding the general laws, a person needs to look at every law, yes.