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Fatwa #287516 May 2001United Kingdom

Is it permissible for a young, single, Muslim woman to train as a barrister in the kuffaar legal system?

Question

1) Is it permissible for a Muslim to be a barrister/advocate in the British kuffaar legal system? 2) Is it permissible for a young, single, female muslim to train for this job? How about if she does not intend to pursue a career in it? 4) Is it permissible for her to live alone more than 48 miles away from her family to complete this training? 5) If it is not permissible, what should she do if her parents order her to complete this training? Should she obey, or should she politely but firmly refuse? May Allah reward you for your efforts. Ameen.

Answer

Kindly refer below our standard reply to similar queries. You may contact us%0D%0Afor further queries.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0AQ: You are Judge in the Federal Shari'at Court and a well versed person in%0D%0AIslamic Law and concepts. Considering this background of yours, I thought%0D%0Ayou could answer or help me out in the following points:%0D%0A1. Is the present profession of advocacy repugnant to the Islamic Judicial%0D%0ASystem, because in that you need not pay fee or hire a lawyer to conduct%0D%0Ayour case.%0D%0A2. The same question with regard to legal consultancy %2F advisor%0D%0A3. Is the government in an Islamic state who should provide full legal%0D%0Aassistance in respect of any matter.%0D%0A4. Can the doctrine of necessity be extended in the above case considering%0D%0Athat legal system has gone complex or developed too much.%0D%0A5. In view of above points, is the profession or Advocacy, etc. 'Halaal' or%0D%0A'Haraam' under Islamic Law.%0D%0ASir, these are the points which are agitating in my mind. I hope, Sir,%0D%0Asparing some time you would throw some light on these points. I shall ready%0D%0Abe thankful to you for this kind of gesture. (MSB)%0D%0A%0D%0AA: 1 & %: The profession of advocacy, in itself, is not prohibited. This is%0D%0Aa service rendered to the client for which an advocate can charge a fee.%0D%0AHowever, this permissibility is subject to three conditions. Firstly, a%0D%0AMuslim advocate is not allowed to plead the case of a person whom he%0D%0Abelieves to be unjust. Therefore, if he knows that his client has committed%0D%0Aan offence, he is not allowed to plead for his innocence. The noble Qur'aan%0D%0Ais very clear on this point where it says, 'And do not be an advocate for%0D%0Athose who have committed breach of trust.'%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%0D%0AMuslimadcvocate to help his client in claiming a right which is disapproved%0D%0Aby the Shari'ah, for example, if a person wants to sue his opponent for%0D%0Arecovering usury or interest, a Muslim advocate cannot plead his case to%0D%0Athat extent. Thirdly, a Muslim advocate is not allowed to use prohibited%0D%0Ameans to advance the case of his client like false statement, forged%0D%0Adocuments, etc. Subject to these three conditions the profession of advocacy%0D%0Acannot be termed as repugnant to the injunction of the noble Qur'aan and%0D%0ASunnah.%0D%0A%0D%0A2. Whatever has been stated above with regard to the advocacy is equally%0D%0Aapplicable to the profession of legal consultancy.%0D%0A%0D%0A3 & 4 There is no doubt that one of the basic responsibilities of Islamic%0D%0Astate is that it provides justice to its citizens without undue cost. It is%0D%0Aalso advisable for it to provide full legal assistance to the people when%0D%0Athey need to acquire justice. However, if the resources of an Islamic state%0D%0Aare not sufficient to provide this facility free of charge, private legal%0D%0Aconsultants and practitioners may render their services by charging a fee%0D%0Afrom their clients but of course all these are subject to the three%0D%0Aconditions already explained in answer of question No. 1%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AJustice Mufti Muhammad Taqi Usmani%0D%0AJudge - Shariat Appellate Bench: Supreme Court of Pakistan%0D%0AContemporary Fataawa%0D%0A%0D%0A
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