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Profession As A Lawyer

Question

Is it permissible to be a lawyer?

Answer

It is permissible for a person to pursue the legal profession and become a lawyer on condition that
the following requirements are adhered to:

1) One will not be allowed to plead the case of a person whom one believes to be unjust. Therefore, if a lawyer knows that his client has committed an offence, he will not be allowed to plead for his innocence.
2) It is not allowed for a Muslim lawyer to help his client in claiming a right which is disapproved by the Shariah.
3) A Muslim lawyer is not allowed to use prohibited means to advance the case of his client like false statements, forged documents, etc.
4) The lawyer must ensure he is not forced to lie as part of his duty, even more so for petty gains of this world.
5) He must ensure he does not make his objective the defaming and dishonouring of mankind, even more so in the case of Muslims.
6) He should take into consideration not adopting or being forced to emulate the Kuffaar dress codes i.e. shaving of beard, trousers below the ankles, etc.
7) He should also ensure that he is not negligent in essential aspects of his Deen such as Salaah, etc.

In short, the bottom-line is that he must avoid acts that violate and contradict the dictates of Sharee’ah and earn the wrath of Almighty Allah Ta’ala. The primary factor of utmost importance is that to uphold Islam should be the motivating and guiding factor.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

( بكل ما يباشره ) الموكل ( بنفسه ) لنفسه فشمل الخصومة فلذا قال ( فصح بخصومة في حقوق العباد برضا الخصم ) وجوزاه بلا رضاه

(قوله فصح بخصومة ) شمل بعضا معينا وجميعها كما في البحر : وفيه عن منية المفتي ، ولو وكله في الخصومة له لا عليه ، فله إثبات ما للموكل فلو أراد المدعى عليه الدفع لم يسمع . قال : فالحاصل أنها تتخصص بتخصيص الموكل وتعمم بتعميمه . وفي البزازية : ولو وكله بكل حق هو له وبخصومته في كل حق له ولم يعين المخاصم به والمخاصم فيه جاز 
رد المحتار، كتاب الوكالة،ج ٥،ص ٥١٢

وتجوز (التوكيل) بالخصومة فى سائر الحقوق….. 
مجمع البحرين، كتاب الوكالة،ص ٤٢٤ 

Fataawa Mahmoodiyya 5/70

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