What is the ruling on studying man-made law, then opening a law firm and appearing in man-made courts, and what is the ruling on the money a lawyer receives?
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The questioner : Your Eminence, what is the ruling on a Muslim who studies man-made law, then opens a law firm and appears as a lawyer before civil courts and company administrations, and what is the ruling on the money he gathers or earns from that?
The Shaykh : Placing laws that contradict the Shari'ah in place of the Shari'ah is disbelief, because it means raising the Shari'ah and placing the taghut in its place, and this falls under the saying of Allah, Mighty and Majestic:[Al-Ma'idah 5:44].
And there is no proof for the one who says: The Messenger (peace and blessings be upon him) said:, and these are worldly laws; we did not come to the acts of worship, we did not come to prayer, we did not come to marriage, we did not come to inheritance, but the dealings between people are worldly matters, and the Prophet (peace and blessings be upon him) said: , so we do not declare them disbelievers for that; we have not raised the Shari'ah; the Shari'ah is around us; for our information: .
We say: They have gone astray in what they understood. The Messenger (peace and blessings be upon him) said: regarding the matter of industry and the matter of craft. If a carpenter came, how to make this door, is he more knowledgeable or the Messenger?
Is the skilled carpenter more knowledgeable about how to make this door, or the Prophet (peace and blessings be upon him)?
The carpenter, because the Messenger spoke about this in a matter of industry, and that is that when he arrived in Madinah, he found the people climbing to the male palm tree, the male palm, and taking its pollen, then climbing to the female palm tree and pollinating it with this, so how much effort did the person exert?
Four times, correct?
Climbing the male palm and descending from it, and climbing the female palm and descending from it, four times, meaning it requires effort and time, so he said to them:, because the Messenger (peace and blessings be upon him) wants a person to be decisive and not to waste a single minute of his life except in benefit, so he thought that there was no benefit in the matter, because he did not live in a country of agriculture and palm trees, where did he live?
In Makkah, in a country without agriculture, and he knew nothing about this, so they left it, they said: This is the Prophet (peace and blessings be upon him) who said:, we will leave it, when they left the palm trees without pollination, what will the palm trees be?
They will be dry and useless, so the palm trees spoiled, so they came to the Messenger (peace and blessings be upon him) and said: O Messenger of Allah, the palm trees have spoiled, he said: or a word similar to it, , are you more knowledgeable about the halal and haram in your worldly matters, or in the path of craft and industry?
Huh? In craft and industry, not in the halal and haram, and for this reason the Messenger regulated the sale of dates, he said:Sahih al-Bukhari 1487, so he regulated it.
And the longest verse in the Qur'an relates to what?
To sale and debt in worldly matters, so these who thought that placing laws that contradict the Shari'ah in judging between people and referring to them in disputes have erred in understanding this hadith, and it is obligatory that they be informed that they are in error, if they persist in the contradiction and in raising the Shari'ah ruling and placing the law in its place, this, may Allah protect us from it, is disbelief, this is disbelief.
A person learning man-made laws, if he learns them in order to repel falsehood with truth, then there is no harm in it, and if he learns them in order to follow the laws in them that contradict the Shari'ah, then this is forbidden, clear?
And in this also we say: Even practicing law in a country governed by the Shari'ah, we say: If the lawyer wants to deliver the right to its owner, then there is no harm in practicing this profession, and if he wants to overpower people in his speech and his legal representation with truth or falsehood, then this is forbidden, yes.
The Shaykh : Placing laws that contradict the Shari'ah in place of the Shari'ah is disbelief, because it means raising the Shari'ah and placing the taghut in its place, and this falls under the saying of Allah, Mighty and Majestic:
And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَAnd there is no proof for the one who says: The Messenger (peace and blessings be upon him) said:
You know best the affairs of your worldly life.
أنتم أعلم بأمور دنياكمYou know best the affairs of your worldly life.
أنتم أعلم بأمور دنياكمYou know best the affairs of your worldly life.
أنتم أعلم بأمور دنياكمWe say: They have gone astray in what they understood. The Messenger (peace and blessings be upon him) said:
You know best the affairs of your worldly life.
أنتم أعلم بأمور دنياكمIs the skilled carpenter more knowledgeable about how to make this door, or the Prophet (peace and blessings be upon him)?
The carpenter, because the Messenger spoke about this in a matter of industry, and that is that when he arrived in Madinah, he found the people climbing to the male palm tree, the male palm, and taking its pollen, then climbing to the female palm tree and pollinating it with this, so how much effort did the person exert?
Four times, correct?
Climbing the male palm and descending from it, and climbing the female palm and descending from it, four times, meaning it requires effort and time, so he said to them:
If you had left this
لو أنكم تركتم هذاIn Makkah, in a country without agriculture, and he knew nothing about this, so they left it, they said: This is the Prophet (peace and blessings be upon him) who said:
If you had left this
لو تركتم هذاThey will be dry and useless, so the palm trees spoiled, so they came to the Messenger (peace and blessings be upon him) and said: O Messenger of Allah, the palm trees have spoiled, he said:
Do what you wish
اصنعوا ما شئتمYou know best the affairs of your worldly life.
أنتم أعلم بأمور دنياكمHuh? In craft and industry, not in the halal and haram, and for this reason the Messenger regulated the sale of dates, he said:
The Prophet (ﷺ) had forbidden the sale of fruits till they were ripe (free from blight).
لا تبيعوا الثمار حتى يبدو صلاحهاAnd the longest verse in the Qur'an relates to what?
To sale and debt in worldly matters, so these who thought that placing laws that contradict the Shari'ah in judging between people and referring to them in disputes have erred in understanding this hadith, and it is obligatory that they be informed that they are in error, if they persist in the contradiction and in raising the Shari'ah ruling and placing the law in its place, this, may Allah protect us from it, is disbelief, this is disbelief.
A person learning man-made laws, if he learns them in order to repel falsehood with truth, then there is no harm in it, and if he learns them in order to follow the laws in them that contradict the Shari'ah, then this is forbidden, clear?
And in this also we say: Even practicing law in a country governed by the Shari'ah, we say: If the lawyer wants to deliver the right to its owner, then there is no harm in practicing this profession, and if he wants to overpower people in his speech and his legal representation with truth or falsehood, then this is forbidden, yes.