Guidelines for lawyers
Question

                I am a religiously-committed lawyer, praise be to Allah. I wanted to ask how I can learn sharia-based laws. What I mean is that I want to learn Islamic criminal law, Islamic commercial law, and Islamic civil law. Is there a place that teaches these fields to Muslim lawyers? How can the Muslim lawyer serve his ummah? What is your advice to me?
Praise be to Allah.
	Firstly:

	The real nature of the lawyer’s 
	role is to represent someone in disputes when cases are taken to court in 
	order to ward off injustice or attain rights and dues. The basic principle 
	regarding this type of representation is that it is permissible.

	Ibn Qattaan (may Allah have 
	mercy on him) said: 

	The scholars are unanimously 
	agreed that representing someone in disputes and pursuing rights in the 
	presence of the one being represented and with the consent of the opponent, 
	when the person represented is present, is permissible.

	End quote from al-Iqnaa‘ 
	(2/156).

	Shaykh ‘Abd al-‘Azeez ibn Baaz 
	(may Allah have mercy on him) said: 

	The lawyer is a person’s 
	representative in a dispute. This type of representation was known at the 
	time of the Prophet (blessings and peace of Allah be upon him) and up until 
	the present day. There is nothing wrong with this kind of representation, 
	but calling the one who does this a lawyer is something new. 

	If the lawyer fears Allah and 
	does not defend his client in wrongdoing or lying, then there is nothing 
	wrong with it.

	End quote from Fataawa Noor 
	‘ala ad-Darb (19/231).

	What is required of the lawyer 
	is to defend one who is in the right. As for one who is in the wrong or has 
	no right to a claim, it is not permissible to support him in his falsehood.

	Allah, may He be exalted, says 
	(interpretation of the meaning):

	“And 
	cooperate in righteousness and piety, but do not cooperate in sin and 
	aggression. And fear Allah; indeed, Allah is severe in penalty”

	[al-Maa’idah 5:2]

	“And 
	do not argue on behalf of those who deceive themselves.
	Indeed, Allah loves not one who is a habitually 
	sinful deceiver”

	[an-Nisa’ 4:107].

	Shaykh ‘Abd ar-Rahmaan as-Sa‘di 
	(may Allah have mercy on him) said:

	“And do not argue on behalf 
	of those who deceive themselves” in the sense of committing offences 
	against their own souls. That includes the prohibition on speaking on behalf 
	of one who has committed sin for which the punishment is now due, whether it 
	is a h@add punishment (specified in sharia) or a ta‘zeer punishment (a 
	disciplinary punishment meted out at the judge’s discretion). So he should 
	not plead on his behalf by trying to prove that he did not do it, or try to 
	ward off the resulting punishment as dictated by sharia.

	“Indeed, Allah loves not one who is a 
	habitually sinful deceiver” that is, one who is habitually treacherous 
	and sinful. Stating that Allah does not love someone implies the opposite, 
	which is that He hates such a person. This is like the reason why what is 
	mentioned above should not be done.

	End quote from Tafseer as-Sa‘di 
	(p. 200)

	It was narrated that Yahya ibn 
	Raashid said: We sat waiting for ‘Abdullah ibn ‘Umar and he came out to us, 
	and sat down and said: I heard the Messenger of Allah (blessings and peace 
	of Allah be upon him) say: “If a person’s intercession prevents one of the 
	hadd punishments of Allah (from being carried out), then he has opposed 
	Allah. The one who argues for a false case knowingly will remain subject to 
	the wrath of Allah until he gives it up. If a person says something of a 
	believer that is not true, Allah will cause him to dwell in the mud of 
	khabaal (the juice of the people of Hell) until he retracts what he said.”

	Classed as saheeh by al-Albaani 
	in as-Silsilah as-Saheehah (1/798).

	Shaykh Ibn ‘Uthaymeen (may 
	Allah have mercy on him) said:

	The practice of law [as a 
	lawyer] refers to the representation of a man so as to prove his case 
	against his opponent; this is divided into two categories. The first is that 
	in which the lawyer seeks to prove a case based on true facts and to protect 
	the rights of the one whom he represents. There is nothing wrong with doing 
	that, because all it is, is one person representing another in return for a 
	fee, and representing someone in return for a fee is permissible and there 
	is nothing wrong with it.

	The second category of 
	practising law refers to when the lawyer wants to prove a case whether 
	rightly or wrongly. It is not permissible to do this, because in that case 
	the lawyer will be defending any case, regardless of whether it is valid or 
	false. This is haraam; rather what the Muslim is required to do, if he sees 
	that his brother’s case is based on falsehood, is to advise him and not 
	agree to represent him, because the Prophet (blessings and peace of Allah be 
	upon him) said: “Whoever among you sees an evil, let him change it with his 
	hand (by taking action); if he cannot, then with his tongue (by speaking 
	out); and if he cannot, then with his heart (by hating it and feeling that 
	it is wrong), and that is the weakest of faith.” 

	End quote from Fataawa Noor 
	‘ala ad-Darb (11/609-610).

	The Muslim lawyer who practices 
	his profession on the basis of clear proof and in accordance with Islamic 
	rulings, and with a sound intention, advising the one whom he represents to 
	fear Allah, may He be exalted, and not to demand that to which they have no 
	right, and only to pursue what is permissible to them according to Islamic 
	teachings, and to acknowledge people’s rights and to be truthful in their 
	statements, words and testimonies, and tells him that fearing Allah, may He 
	be exalted, is the way to a good life in this world and the hereafter, and 
	to be kind to those of the poor and weak whose rights are neglected – the 
	lawyer who adheres to all of that is doing an important job in rectifying 
	society.

	Secondly: 

	As for Islamic studies in your 
	specialty, they are available in Islamic universities and in some colleges 
	in which there are Islamic specialties.

	In your country, there is the 
	College of Sharia and Law in al-Azhar University; you can benefit from its 
	curricula, and if you cannot study there, there are also Islamic sharia 
	departments in colleges of law and the Centre of Islamic Economics in al-Azhar 
	University.

	One of the useful books that we 
	can recommend to you is: at-Tashree‘ al-Jinaa’i al-Islami: Muqaaranan 
	bi’l-Qanoon al-Wad‘i by ‘Abd al-Qaadir ‘Awdah.

	You could also benefit from 
	Musannafah an-Nuzum al-Islamiyyah by Mustafa Kamaal Wasfi.

	Whatever the case, by 
	continuing to read and study, asking questions of specialists in your 
	country, you will come to know of books and curricula that will help you to 
	achieve your goal.

	Regarding the legal profession 
	and some of its etiquette, and other issues connected to it, we advise you 
	to read the book al-Muhaamaah by Shaykh Mashhoor Hasan Salmaan, which 
	you will find on the following link:


	http://majles.alukah.net/t66552

	And Allah knows best.