Fatwa: # 19669
Category: Financial Transactions
Country: South Africa
Date: 29th December 2011

Title

Is it permissible to become a lawyer?

Question

I was wondering whether law is acceptable in Islam because personally I had wanted to become a lawyer but I am uncertain as I believe it may not be in Islam and some people are telling me its acceptable but some people are telling me it’s unacceptable. 

 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

Advocacy and law falls into the concept of wakālah in Sharī῾ah.  A person may not be able to represent him or herself in a court due to natural or legal measures.  Hence, a person uses the services of a lawyer to represent him in front of a judiciary. 

 

The profession of advocacy in itself is not prohibited.  This is a service rendered to the client for which an advocate can charge a fee.  However this permissibility is subject to three conditions:

 

1)     A Muslim advocate is not allowed to plead the case of a person whom he believes to be unjust.  Therefore if he knows that his client has committed an offence he is not allowed to plead for his innocence.  However, it will be permissible to plead for a reduction of the sentence of the criminal on the grounds of genuine mitigation circumstances. 

 

2)     It is not permissible for a Muslim advocate to help his client in claiming a right which is disapproved by the Sharī῾ah. 

 

 

3)     A Muslim advocate is not allowed to use prohibited means to advance the case of his client like false statements, forged documents etc.[i] 

 

It is worth remembering that men have been commissioned with the responsibility of earning a livelihood and providing for the family.  A woman has been given the honour and ease of staying indoors and she has not obliged or burdened to earn a livelihood. 

 

In conclusion, practicing law is permissible if the above there conditions are upheld.

 

And Allah Ta’āla Knows Best

Mawlana Faraz Ibn Adam,
Student Darul Iftaa

UK

 

Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net

 


[i] Contemporary fatawa 146-147 Idara-e-Islamiat

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