Have you sold your soul to the....

[Kolombo]

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.

http://www.islam-qa.com/en/ref/75613/lawyer

[Ms.Erudite]

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.

http://www.islam-qa.com/en/ref/75613/lawyer

Jazakallah,that was really useful! thanks for your help

"speaking on behalf of someone who is in the wrong" - this i think i would be conflicting factor ..as a lawyer i wouldn't be able to choose cases, and it's up to the judge to decide who's in the wrong.
Lawyers can't lie or use false information..they can only use facts and intrpret the law to benefit their clients. does this come under point 2? or trickery?

[Kolombo]

From my understanding, its all about obeying this verse in the Qur'an:

"So be not a pleader for the treacherous" [al-Nisa' 4:105].

As a lawyer, its your responsibility to not defend a person who is in the wrong 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.

Its your responsibility to avoid defending or advocating for anything that goes against that verse, it won't be easy, but that's the only way to practice corporate/commerical law & at the same time comply with the Shari'ah.

As for a defense lawyer, the Shari'ah ruling is completely different, because issues such as ignoring to rule using huddood punishments while choosing man-made laws come in to play. Some scholars are even of the belief that any Muslim who regards man-made law as superior to the Shari'ah is an apostate. Allahu Aclam.

[Ms.Erudite]

From my understanding, its all about obeying this verse in the Qur'an:

"So be not a pleader for the treacherous" [al-Nisa' 4:105].

As a lawyer, its your responsibility to not defend a person who is in the wrong 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.

Its your responsibility to avoid defending or advocating for anything that goes against that verse, it won't be easy, but that's the only way to comply with the Shari'ah.

Thanks again for you input, especially the verse from the Qu'ran...it's definetly answered a lot of questions.and going to help me make more informed choices, career wise!

[Kolombo]

Best regards.