[Q 298] Ruling on Becoming a Lawyer in Islam

Question

What is the ruling on becoming a lawyer? Is it haram?

بسم الله الرحمن الرحيم

الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

Acquiring the knowledge of law and pursuing it as a profession is permissible. Practicing law is essentially permissible as long as it involves legitimate matters, because not everyone has the ability to present their case, substantiate it with evidence, and obtain their rights. Additionally, sometimes it is to avoid the humiliation of appearing in court. Therefore, Shari’ah has allowed appointing someone else to pursue a case on one’s behalf.

However, nowadays, the practice of law is not conducted in this manner. Almost every lawyer gets involved in un-Islamic activities. It is extremely difficult to avoid unethical practices such as unjust support, lying, deceit, securing unlawful decisions, making the oppressor appear oppressed and vice versa, and suppressing someone’s rights in this field.

Thus, whoever believes that they can avoid engaging in unlawful activities while practicing law may choose this profession; otherwise, they should refrain from it.

Allah Almighty has commanded His beloved Prophet صلى الله عليه وآله وسلم for the education of the Ummah in the Qur’an with these words:

وَ لَا تَكُنْ لِّلْخَآىٕنِیْنَ خَصِیْمًاۙ(۱۰۵) وَّ اسْتَغْفِرِ اللّٰهَ ط اِنَّ اللّٰهَ كَانَ غَفُوْرًا رَّحِیْمًاۚ(۱۰۶) وَ لَا تُجَادِلْ عَنِ الَّذِیْنَ یَخْتَانُوْنَ اَنْفُسَهُمْ ط اِنَّ اللّٰهَ لَا یُحِبُّ مَنْ كَانَ خَوَّانًا اَثِیْمًاۚۙ(۱۰۷)

Translation: “And do not argue on behalf of those who deceive themselves. And seek forgiveness from Allah. Indeed, Allah is ever Forgiving and Merciful. And do not argue on behalf of those who deceive themselves. Indeed, Allah does not like those who are habitually sinful deceivers.”

(Surah An-Nisa: 105-107)

Regarding the permissibility of practicing law, Sadr al-Shariah Badr al-Tariqa Hazrat Allama Mufti Muhammad Amjad Ali Aazmi رحمۃ اللہ علیہ writes: “Allah has given different temperaments to humans; some are strong, and some are weak. Some are of limited understanding, and some are intelligent. Not every person is capable of handling their own matters, nor is everyone ready to do all their work themselves. Therefore, human necessity requires getting work done by others… In all matters where the rights of others are concerned, appointing an attorney is permissible, whether the right is of the type of debt or property.”

(Bahar-e-Sharit, 2/977, 973)

Answered by: Asif Raza Madani (Ask Mufti scholar)

Verified by: Mufti Sajid Attari

Translated answer

Date: 18th May 2024