Praise
be to Allah
Firstly:
The real nature of the lawyer’s
role is to represent someone in disputes when cases are taken to court in
order to ward off injustice or attain rights and dues. The basic principle
regarding this type of representation is that it is permissible.
Ibn Qattaan (may Allah have
mercy on him) said:
The scholars are unanimously
agreed that representing someone in disputes and pursuing rights in the
presence of the one being represented and with the consent of the opponent,
when the person represented is present, is permissible.
End quote from al-Iqnaa‘
(2/156).
Shaykh ‘Abd al-‘Azeez ibn Baaz
(may Allah have mercy on him) said:
The lawyer is a person’s
representative in a dispute. This type of representation was known at the
time of the Prophet (blessings and peace of Allah be upon him) and up until
the present day. There is nothing wrong with this kind of representation,
but calling the one who does this a lawyer is something new.
If the lawyer fears Allah and
does not defend his client in wrongdoing or lying, then there is nothing
wrong with it.
End quote from Fataawa Noor
‘ala ad-Darb (19/231).
What is required of the lawyer
is to defend one who is in the right. As for one who is in the wrong or has
no right to a claim, it is not permissible to support him in his falsehood.
Allah, may He be exalted, says
(interpretation of the meaning):
“And
cooperate in righteousness and piety, but do not cooperate in sin and
aggression. And fear Allah; indeed, Allah is severe in penalty”
[al-Maa’idah 5:2]
“And
do not argue on behalf of those who deceive themselves.
Indeed, Allah loves not one who is a habitually
sinful deceiver”
[an-Nisa’ 4:107].
Shaykh ‘Abd ar-Rahmaan as-Sa‘di
(may Allah have mercy on him) said:
“And do not argue on behalf
of those who deceive themselves” in the sense of committing offences
against their own souls. That includes the prohibition on speaking on behalf
of one who has committed sin for which the punishment is now due, whether it
is a [email protected] punishment (specified in sharia) or a ta‘zeer punishment (a
disciplinary punishment meted out at the judge’s discretion). So he should
not plead on his behalf by trying to prove that he did not do it, or try to
ward off the resulting punishment as dictated by sharia.
“Indeed, Allah loves not one who is a
habitually sinful deceiver” that is, one who is habitually treacherous
and sinful. Stating that Allah does not love someone implies the opposite,
which is that He hates such a person. This is like the reason why what is
mentioned above should not be done.
End quote from Tafseer as-Sa‘di
(p. 200)
It was narrated that Yahya ibn
Raashid said: We sat waiting for ‘Abdullah ibn ‘Umar and he came out to us,
and sat down and said: I heard the Messenger of Allah (blessings and peace
of Allah be upon him) say: “If a person’s intercession prevents one of the
hadd punishments of Allah (from being carried out), then he has opposed
Allah. The one who argues for a false case knowingly will remain subject to
the wrath of Allah until he gives it up. If a person says something of a
believer that is not true, Allah will cause him to dwell in the mud of
khabaal (the juice of the people of Hell) until he retracts what he said.”
Classed as saheeh by al-Albaani
in as-Silsilah as-Saheehah (1/798).
Shaykh Ibn ‘Uthaymeen (may
Allah have mercy on him) said:
The practice of law [as a
lawyer] refers to the representation of a man so as to prove his case
against his opponent; this is divided into two categories. The first is that
in which the lawyer seeks to prove a case based on true facts and to protect
the rights of the one whom he represents. There is nothing wrong with doing
that, because all it is, is one person representing another in return for a
fee, and representing someone in return for a fee is permissible and there
is nothing wrong with it.
The second category of
practising law refers to when the lawyer wants to prove a case whether
rightly or wrongly. It is not permissible to do this, because in that case
the lawyer will be defending any case, regardless of whether it is valid or
false. This is haraam; rather what the Muslim is required to do, if he sees
that his brother’s case is based on falsehood, is to advise him and not
agree to represent him, because the Prophet (blessings and peace of Allah be
upon him) said: “Whoever among you sees an evil, let him change it with his
hand (by taking action); if he cannot, then with his tongue (by speaking
out); and if he cannot, then with his heart (by hating it and feeling that
it is wrong), and that is the weakest of faith.”
End quote from Fataawa Noor
‘ala ad-Darb (11/609-610).
The Muslim lawyer who practices
his profession on the basis of clear proof and in accordance with Islamic
rulings, and with a sound intention, advising the one whom he represents to
fear Allah, may He be exalted, and not to demand that to which they have no
right, and only to pursue what is permissible to them according to Islamic
teachings, and to acknowledge people’s rights and to be truthful in their
statements, words and testimonies, and tells him that fearing Allah, may He
be exalted, is the way to a good life in this world and the hereafter, and
to be kind to those of the poor and weak whose rights are neglected – the
lawyer who adheres to all of that is doing an important job in rectifying
society.
Secondly:
As for Islamic studies in your
specialty, they are available in Islamic universities and in some colleges
in which there are Islamic specialties.
In your country, there is the
College of Sharia and Law in al-Azhar University; you can benefit from its
curricula, and if you cannot study there, there are also Islamic sharia
departments in colleges of law and the Centre of Islamic Economics in al-Azhar
University.
One of the useful books that we
can recommend to you is: at-Tashree‘ al-Jinaa’i al-Islami: Muqaaranan
bi’l-Qanoon al-Wad‘i by ‘Abd al-Qaadir ‘Awdah.
You could also benefit from
Musannafah an-Nuzum al-Islamiyyah by Mustafa Kamaal Wasfi.
Whatever the case, by
continuing to read and study, asking questions of specialists in your
country, you will come to know of books and curricula that will help you to
achieve your goal.
And Allah knows best.