Fatwa #1139222 April 2004United Kingdom
Is it permissable to work as a contract lawyer?
Answer
The profession of advocacy, in itself, is not prohibited. This is a service%0D%0Arendered to the client for which an advocate can charge a fee. However, this%0D%0Apermissibility is subject to three conditions. Firstly, a Muslim advocate is%0D%0Anot allowed to plead the case of a person whom he believes to be unjust.%0D%0ATherefore, if he knows that his client has committed an offence he is not%0D%0Aallowed to plead for his innocence. The Holy Qur'aan is very clear on this%0D%0Apoint where it says: 'And do not be an advocate for those who have committed%0D%0Abreach of trust.'%0D%0A%0D%0ANevertheless, it is not impermissible for an advocate to plead for any%0D%0Aconcession given to the culprit under the law, for example, in the above%0D%0Acase it is not allowed to plead for the innocence of an offender, however,%0D%0Ait is permissible to plead for reduction of his sentence on the grounds of%0D%0Agenuine mitigating circumstances. Secondly, it is not allowed for a Muslim%0D%0Aadvocate to help his client in claiming a right which is disapproved by the%0D%0AShari'ah, for example, if a person wants to sue his opponent for recovering%0D%0Ausury or interest, a Muslim advocate cannot plead his case to that extent.%0D%0AThirdly, a Muslim advocate is not allowed to use prohibited means to advance%0D%0Athe case of his client like false statement, forged document, etc. Subject%0D%0Ato these three conditions the profession of advocacy cannot be termed as%0D%0Arepugnant to the injunction of Holy Qur'aan and Sunnah. (Contemporary%0D%0AFataawa; Justice Mufti Muhammad Taqi Usmani)%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai