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Working as a Lawyer

Question #: q-15573910
Date Posted: 2007-06-21

QUESTION

I am about to start a career in law soon. Yet I have been informed that most aspects of
English law would be haram to practise. What I would like to know is what principles/rules I
should take into account when deciding what area to practise. I.e. would I be allowed to
defend people accused of crimes (irrespective of their guilt), or when defending rights,
would I be able to advocate rights that may be incompatible with Islam but are a part of
English law (homosexual rights etc).

What I am asking is what ideas/rules do I use to decide what areas would be permissible and
which won't.

ANSWER

In the name of Allah, Most Compassionate, Most Merciful,

Shaykh Taqi Usmani (may Allah preserve him) has discussed the issue of entering the Law
profession in his Fatawa collection titled Contemporary Fatawa. He explains that there are
basically three conditions that need to be met in order for a person to take up any job
connected to law, advocacy, and legal representation.

1) One's work should be for a just cause, and not to help defend a person who is guilty of a
crime.

2) One must not help others gain a right that is prohibited or disapproved by Shariah.

3) The means used in helping a client must not be prohibited in Shariah. (See: Contemporary
Fatawa by Mufti Taqi Usmani)

In light of these three conditions, it is not permitted to defend the case of an individual
regarding whom one is certain that he is guilty of the crime, such that the client himself
admits that he is guilty, or there are clear and obvious evidences that prove his guilt. If one is
unsure or in doubt, then it is permitted to go ahead with the case, since one is considered
innocent until proven guilty, and there must be sufficient evidence to presume someone to
be guilty.

Moreover, when practicing law, one must do so within the limits of Shariah. As such, one is
not allowed to advocate rights that are incompatible with Islam, such as recovering interest
money and fighting for the rights of homosexual and/or lesbians. One cannot be party to
injustice, wrongdoing, corruption, or bribery.

Furthermore, it is not permitted to use any means, whilst helping a client, that are unlawful
such as using forged documents, deception, lying and false statements.

And Allah knows best

Muhammad ibn Adam
Darul Iftaa
Leicester , UK