LAWYERS....HARAAAAAM!!!!!!?

Okaaaay...stuck

I've been interested in law for a while, perhaps a human rights one, but i have have reason to believe that it is HARAAAAAM!

but then i came across this:

Is it permissible to work as a lawyer?

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.

Fataawa Islamiyyah (3/5050).

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

* * * *

Theres quite a lot more... but i wouldnt want to bore you.
And its for a somali forum... but im sure that doesnt matter... what makes them special(!)?

It's not haraam.

Since we live in a non-Muslim country, we have to abide by the laws of the land.

People need to know what their rights are in the British system, and they need trained people to represent them so they are not exploited/treated badly.

Even defending a guilty person is ok, since you are just there to make sure they are treated fairly.

Working as a lawyer can be a good thing.

But there are certain areas of law which are dodgy. I know of many scholars who say insurance is haraam, for example.

Don't just do something! Stand there.

you said that its alright to defend a guilt person.
but the verse says:

“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”

Behold...Me!

you said that its alright to defend a guilt person.
but the verse says:

“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”

Behold...Me!

Sumaiya wrote:
you said that its alright to defend a guilt person.
but the verse says:

“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”

You are also helping with goodness as that is how the system has been designed - one group of people will try to tear you down, the other build you up. This way, there is less chance of bias as neither side needs to paint a balanced picture - that is for the judge and jury to make from the two opposing viewpoints.

"For too long, we have been a passively tolerant society, saying to our citizens 'as long as you obey the law, we will leave you alone'" - David Cameron, UK Prime Minister. 13 May 2015.

Sumaiya wrote:
you said that its alright to defend a guilt person.
but the verse says:

“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”

Defending a guilty person is more about making sure they are represented. That their side of the story is put across. It's not helping them in sin and transgression, it's helping them in being punished.

'Helping one another in sin and transgression' would mean something like being a getaway driver for a bank robbery, or giving someone a phone number for a drug dealer.

As a lawyer, you are not allowed to lie to the court; if the defendant tells you that they are guilty but tells you to give a false alibi, then it is your duty to tell the court and stop representing them.

Don't just do something! Stand there.

You lot always have answers to everything

#Before you look at the thorns of the rose , look at it's beauty. Before you complain about the heat of the sun , enjoy it's light. Before you complain about the blackness of the night, think of it's peace and quiet... #

I didnt know people thought it was "haraam" to be a lawyer but ithought it may not be a good job if you have to lie for people.

"How many people find fault in what they're reading and the fault is in their own understanding" Al Mutanabbi

MakeMeRawr_6TeenF wrote:
You lot always have answers to everything

Question is if it correct. For me, I say a lot of things based on gut instinct. But then again, there is nothing wrong with that.

"For too long, we have been a passively tolerant society, saying to our citizens 'as long as you obey the law, we will leave you alone'" - David Cameron, UK Prime Minister. 13 May 2015.

MakeMeRawr_6TeenF wrote:
You lot always have answers to everything

It's just that I remember a (well meaning) brother come up to me when I was working in a law firm saying "this is HARAM what you are doing!" and since I have a lot of Muslim friends who have studied law I asked their opinion on it, and they seemd pretty convinced

Don't just do something! Stand there.

Agree with yaqub for same reasons that its not haraam. Its actually a really good career as am also studying law.

But people should know the system by that you cant be choosy with cases u want to deal with in court , u basically have to work on whatever case comes before u.

So yes u could be defending a person that you know is guilty. But even then you dont have to lie instead just state and apply the relevant law and jury will judge accordingly.....its a very interesting subject law is.

Ya'qub wrote:

As a lawyer, you are not allowed to lie to the court; if the defendant tells you that they are guilty but tells you to give a false alibi, then it is your duty to tell the court and stop representing them.

I did not know that. I would have thought the lawyer would still have to put forward a strong case and be a good advocate in order to balance the whole system?

"For too long, we have been a passively tolerant society, saying to our citizens 'as long as you obey the law, we will leave you alone'" - David Cameron, UK Prime Minister. 13 May 2015.

You wrote:
Ya'qub wrote:

As a lawyer, you are not allowed to lie to the court; if the defendant tells you that they are guilty but tells you to give a false alibi, then it is your duty to tell the court and stop representing them.

I did not know that. I would have thought the lawyer would still have to put forward a strong case and be a good advocate in order to balance the whole system?

nope.

Lawyers are under a duty not to mis-lead the courts.

baah, what fun is that?

"For too long, we have been a passively tolerant society, saying to our citizens 'as long as you obey the law, we will leave you alone'" - David Cameron, UK Prime Minister. 13 May 2015.

You wrote:
baah, what fun is that?

Not fun at ALL. Just very well paid.

Hence me training to be a primary teacher, which you are ALSO not allowed to deliberately mislead people, but you CAN get them to play the xylophone.

Don't just do something! Stand there.

Ya'qub wrote:
but you CAN get them to play the xylophone.

or the saxophone Biggrin

 

Salam Alaykum, Sumaiya! I've missed you! Long time no see!

Anyway, as a lawyer you have to be ethical and aren't ALLOWED to lie. As a Muslim you have to make sure that someone gets a fair trial, and that includes representation, you don't have to agree with the law, and since 7/7 and the anti-terror legislation we NEED Muslim lawyers, mate.

If you want to be a solicitor or barrister, then Mashallah you should go for it. Know what you're up against, you have to work very hard, real alot of cases and get some experience. But Inshallah if you really want it you'll get it.

“Before death takes away what you are given, give away whatever there is to give.”

Mawlana Jalal ud Din Rumi

Thank you 'THE lAMP'
Salams, to you to!

Behold...Me!