Ruling on Working in the Profession of Advocacy
Machine translationRead the Arabic original
Question:
A listener sent a message and signed it with the name Abdullah. In one of his questions, he asks: What is the Islamic view on the profession of law? And did it exist during the time of the Companions and the Rightly Guided Caliphs?
Answer:
Law is: agency in litigation. This agency has existed from the time of the Prophet (peace and blessings be upon him) to this day. There is nothing wrong with the agent. This is what it is called: law. This is a new name. If the lawyer fears Allah and does not help his client with wrongdoing or lying, then there is no blame on him. It is obligatory for him to fear Allah in his legal work, to demand what is right, not to lie, and not to help his client in disobeying Allah. If he demands the right that he knows, or asks the judge to rule according to the Shari'ah that the judge knows but the lawyer does not, then there is no blame on him in that.
As for intentionally lying, or helping with lying, or with deception, it is not permissible for him, and he is sinful and unjust in that. So the lawyer, who is the agent in the litigation, should fear Allah. The lawyer is the agent in the dispute, so he should fear Allah, not intentionally pursue falsehood, and not help with falsehood. Rather, he should seek only the right for his client. He says: I am the agent for so-and-so, and I am demanding the right that Allah has legislated, whether the dispute is over land, animals, cars, or something else. He asks the judge to rule according to the right that he knows from the Shari'ah of Allah, and he brings the required evidence, and he clarifies the truth he has; not with lying. And if he clarifies what he has, and is truthful in that, and does not intentionally pursue falsehood or fraud, then there is no blame on him.
The presenter : May Allah reward you with good.
A listener sent a message and signed it with the name Abdullah. In one of his questions, he asks: What is the Islamic view on the profession of law? And did it exist during the time of the Companions and the Rightly Guided Caliphs?
Answer:
Law is: agency in litigation. This agency has existed from the time of the Prophet (peace and blessings be upon him) to this day. There is nothing wrong with the agent. This is what it is called: law. This is a new name. If the lawyer fears Allah and does not help his client with wrongdoing or lying, then there is no blame on him. It is obligatory for him to fear Allah in his legal work, to demand what is right, not to lie, and not to help his client in disobeying Allah. If he demands the right that he knows, or asks the judge to rule according to the Shari'ah that the judge knows but the lawyer does not, then there is no blame on him in that.
As for intentionally lying, or helping with lying, or with deception, it is not permissible for him, and he is sinful and unjust in that. So the lawyer, who is the agent in the litigation, should fear Allah. The lawyer is the agent in the dispute, so he should fear Allah, not intentionally pursue falsehood, and not help with falsehood. Rather, he should seek only the right for his client. He says: I am the agent for so-and-so, and I am demanding the right that Allah has legislated, whether the dispute is over land, animals, cars, or something else. He asks the judge to rule according to the right that he knows from the Shari'ah of Allah, and he brings the required evidence, and he clarifies the truth he has; not with lying. And if he clarifies what he has, and is truthful in that, and does not intentionally pursue falsehood or fraud, then there is no blame on him.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.