The Reality of the Profession of Lawyer
Machine translationRead the Arabic original
Question:
What is a lawyer? What is his role? And what is his status?
Answer:
In my view, the lawyer is, in terms of his name, an agent. He is the one who takes the place of the rights-holder to demand his right and defend it. If he is in the right and does not exceed the limits of the Shari'ah, there is no harm in that for him.
However, if he claims what does not belong to his client, lies, and transgresses the limits, he is a partner in injustice and aggression. We seek refuge in Allah.
Therefore, the agent, who is the lawyer, must not exceed the limits of the Shari'ah. Rather, he should seek the truth and seek the right for his opponent and against him. He should speak the truth for his opponent and against him, and not transgress the limits for the sake of his client's right or for the sake of his client.
If he transgresses, lies, exaggerates, and wrongs the defendant by accusing him of falsehood in order to please his client, or for the sake of the money he was promised, then he is one who assists in sin and aggression, and he is a wrongdoer.
Question: .........؟
Answer: Agency is permissible by the consensus of the Muslims. The Prophet (peace and blessings be upon him) appointed agents, and his Companions appointed agents. Therefore, the practice of law is agency, because this is the customary form of the practice of law.
What is a lawyer? What is his role? And what is his status?
Answer:
In my view, the lawyer is, in terms of his name, an agent. He is the one who takes the place of the rights-holder to demand his right and defend it. If he is in the right and does not exceed the limits of the Shari'ah, there is no harm in that for him.
However, if he claims what does not belong to his client, lies, and transgresses the limits, he is a partner in injustice and aggression. We seek refuge in Allah.
Therefore, the agent, who is the lawyer, must not exceed the limits of the Shari'ah. Rather, he should seek the truth and seek the right for his opponent and against him. He should speak the truth for his opponent and against him, and not transgress the limits for the sake of his client's right or for the sake of his client.
If he transgresses, lies, exaggerates, and wrongs the defendant by accusing him of falsehood in order to please his client, or for the sake of the money he was promised, then he is one who assists in sin and aggression, and he is a wrongdoer.
Question: .........؟
Answer: Agency is permissible by the consensus of the Muslims. The Prophet (peace and blessings be upon him) appointed agents, and his Companions appointed agents. Therefore, the practice of law is agency, because this is the customary form of the practice of law.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
