Skip to main content

Is Being A Lawyer Haram in Islam

Working as a lawyer is not haraam in and of itself, because it is not judging according to something other than that which Allaah has revealed, rather it is acting as a person’s deputy or representative in cases of dispute, which is a permissible kind of deputation or representation. But the lawyer must be careful and make sure of the case before getting involved in it. If it is a claim regarding some right that has been taken away in a wrong manner, then it is permissible for you to argue on his behalf to have his rights restored to him and the wrongdoing stopped. This comes under the heading of cooperating in righteousness and piety. But if the case involves taking away people’s rights and transgressing against them, then it is not permissible for you to act as his representative, because that comes under the heading of cooperating in sin and transgression. Allaah has issued a warning to those who cooperate in this sin, as He says (interpretation of the meaning): 

“Help you one another in Al‑Birr and At‑Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment”

[al-Maa'idah 5:2].

To give you more peace of mind, we will quote fatwas from some of the scholars about this issue: 

1 – Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: 

What is the Islamic ruling on working as a lawyer? 

He replied: 

I do not know of anything wrong with working as a lawyer, because it is acting as a person’s representative in claims and defence, so long as the lawyer seeks to do what is right and does not deliberately tell lies, as applies to all cases of representing or acting on behalf of others.  
2 –Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: 

What is your opinion on my working as a lawyer, where I appear before the civil courts in order to defend civil and commercial cases in which there may be riba involved? 

He replied: 

Undoubtedly there is nothing wrong with one person acting on behalf of another in cases of dispute, but it depends on the type of dispute: 

1.If the case is well founded and the representative is basing his case on facts that he knows, and there is no perjury, lying or trickery involved, and he is representing the person in order to present his proof and evidence as to the truth of his claim or to defend him, there is nothing wrong with that.

2.But if the dispute involves some false claim or speaking on behalf of someone who is in the wrong, then this is not permissible. Allaah said to His Prophet (peace and blessings of Allaah be upon him) (interpretation of the meaning): “so be not a pleader for the treacherous” [al-Nisa’ 4:105]. We all know that if the case is a just one and he does not use any kind of lying or perjury, then there is nothing wrong with that, especially if the person is weak and cannot defend himself or establish his claim to what is his right. Appointing someone who is stronger than him to represent him is permitted in sharee’ah. Allaah says (interpretation of the meaning): “But if the debtor is of poor understanding, or weak, or is unable to dictate for himself, then let his guardian dictate in justice” [al-Baqarah 2:282]. Acting on behalf of a weak person in order to ensure that he gets what is rightfully his or to ward off wrongdoing from him is a good thing. But if it is other than that, i.e., helping a person who is in the wrong or defending wrongdoing or using false evidence, and the deputy or representative knows that the case is basically wrong, such as representing a person with regard to something haraam such as riba, then it is not permissible. It is not permissible for a Muslim to act as a deputy or representative with regard to falsehood or to act as a lawyer in transactions that involve riba, because then he is helping in the consumption of riba and so the curse applies to him.
Secondly: 

The fact that you live in a country that is not ruled in accordance with that which Allaah has revealed and is rather ruled by man-made laws, does not mean that it is haraam to work as a lawyer if the intention is to attain rights and ward off wrongs. The person who has been wronged is compelled by necessity to refer to these laws in order to attain his rights, otherwise people would wrong one another with impunity and chaos would overtake the society. But if the law gives him more than he is entitled to, then it is haraam for him to take it. He should only take what he is entitled to. If he refers for judgement to these laws in order to attain his rights and ward off wrongdoing, there is no sin on the one who has been wronged or on the lawyer who represents him in a dispute by referring to these laws for judgement. Rather the sin falls on the one who replaced the laws of Allaah with these laws and forced the people to refer to them for judgement. Ibn al-Qayyim (may Allaah have mercy on him) referred to this in his book al-Turuq al-Hukmiyyah (p. 185). 

Lawyers aim should always be to support and help those who have been wronged. There are glad tidings for them in the words of the Messenger (peace and blessings of Allaah be upon him): “Whoever walks with one who has been wronged until he establishes his rights, Allaah will make his feet firm on the Siraat on the Day when feet slip.” Narrated by Ibn Abi’l-Dunya and classed as hasan by al-Albaani in Saheeh al-Targheeb. 

And Allaah knows best.

Comments

Popular posts from this blog

SEX BEFORE MARRIAGE AND ITS CONSEQUENCES.

In the name of Allah, most compassionate and most merciful. “From among the signs of the Hour (end of time) are that religious knowledge will be taken away (by the death of religious scholars), ignorance will prevail, drinking of alcoholic drinks, and there will be a prevalence of Zina.” – Prophet (saw) We begin our topic with these words of our beloved Prophet. How true were his words? We live in a world where all these things are prevalent and unfortunately in our Muslim community as well. Many of our Muslim brothers and sisters are trapped in the evil of Zina and it has become a norm for them, as a result they don’t even consider it haram and unlawful. Allah says in holy Quran: Sūrah al-Isrā’, 17:32: “And do not even approach zina, for it is an outrageous act, and an evil way…’’ We are not going into detail about why Zina is unlawful but in this article, you will find the consequences of this sin. How this affects a life of a person physically, mentally, spiritually and so

MUSLIMS MOURN ALI BANAT - THE MAN ‘GIFTED WITH CANCER’

It’s a sad day for all those who knew Ali Banat, the young man gifted with cancer. Ali Banat was an inspiring Australian Muslim philanthropist whose diagnosis of cancer motivated him to dedicate his life to charity work. “At this point in my life, Alhamdulillah I have been gifted by Allah with cancer throughout my body and I have changed my whole life to helping people,” he said. An Inspiration to Muslim Youth A man of a kind heart was known for his charity work over the past three years. One of his biggest achievements is MATW project, (Muslims Around The World) launched in October 2015 to assist those less fortunate in the poverty-stricken areas of Togo, Africa. He was an inspiration to Muslim youth, dedicating his big fortune to charity work. His organization built mosques and schools for the less fortunate in Africa. May Allah accept it from him! Indeed, to Allah we belong and to Him we shall return. May Allah have mercy on our brother Ali Banat and make it easy

THE MAN WHO INSPIRE MILLIONS OF MUSLIMS EVEN WHEN HE IS PASSED AWAY (ALI BANAT)

Ali Banat is a sydney born who was diagnosed with Cancer and doctors have given him only 7 months to live. Despite his circumstances, he considers this a gift from Allah. Ali Banat, is a young man who, in his own words, was “gifted” with a stage 4 cancer throughout his body. He was given just a few months to live but took this great test as an opportunity to change his life. Upon receiving this news he immediately sold his business, gave up his lavish lifestyle and prized possessions and began a new mission to give up his Dunya and work for his Akhira. Ali has humbly dedicated the remainder of his life to helping those who are far less fortunate than him and in doing so, set up the charity MATW Project (Muslims Around The World) which has already changed the lives of so many. Being diagnosed with cancer is like death sentence for many. But this is not the way Australian Muslim Ali Ali Banat sees it. For him, the sickness is unquestionably a gift from Allah. “At this point in m