There is so much to say about becoming a Lawyer. We had started this discussion in our last edition, and we present the conclusion here.
With the Muslim, there are two types of lawyers. The first are lawyers who practice with man-made laws and justice system such as English common law or any other such laws (American and French e.t.c.). The second types of lawyers are those who operate with the laws of Allaah i.e the Sharee'ah law. As for the second type, they are the party of Allaah and His helpers while the first group do not belong there.
Conventional "common law" lawyers and judges rule and decide cases by laws other than that which Allaah has revealed; and to judge with any law other than the Sharee'ah is contrary to faith (eemaan) and oneness of Allaah (tawheed). Allaah also forbids seeking the ruling of the people of ignorance and states categorically that no set of laws is better than the Sharee'ah. He says:
Hence Allaah says whoever does not judge according to what Allaah revealed is a disbeliever, an oppressor or wrongdoer and a great sinner. He says:
"And whoever does not judge by what Allaah has revealed, such are the disbelievers." [Q5: 44];
" . . . And whoever does not judge by that which Allaah has revealed, such are the polytheists and wrongdoers" [Q5: 45]; “
…And whoever does not judge by what Allaah has revealed then such people are the rebellious and disobedient people." [Q5: 47].
Working as a lawyer
The scholars explain that ruling with manmade laws is the worst, the most obvious and comprehensive opposition to sharee'ah and rejection of Allaah's laws. This is competing with Allaah and His Messenger (peace and blessing be upon him), contradicting His laws in their preparation, support and ruling Working other than as a learned person of the Sharee'ah could leave a person open to supporting evil and defending it.
Such cases may arise when the lawyer desires to have a criminal he's defending proved innocent while he's aware of his guilt. This is without doubt unlawful and these are some of the incidents that take place in the court of the unbelievers. Allaah says:
"Help you one another in virtue, righteousness and piety, but do not help one another in sin and transgression. And fear Allaah. Verily, A/laah is Severe in punishment." (AI-Maaidah[ 5]: 3).
It is unbelief.
Judging or ruling according to other than what Allaah has revealed, may be counted as a greater form of disbelief, which makes a person an unbeliever outside of Islaam or the lesser form of disbelief. So if a person believes that the common law is better than the Sharee'ah law and saying that it is outdated and barbaric, that person has left Islaam even if he prays or fasts. There are those who claim that both the laws of Allaah and those of man are equal. Whoever has this faith has also left the religion. Then, if a person believes that the Sharee'ah is better but he sees nothing wrong in judging with man-made laws, he also becomes an unbeliever.
However, for the one who practises laws other than that of Allaah but affirming that Allaah's laws are better than them, and that he engages in it out of disobedience or on a whim, or as a favour to someone, or because he was bribed, and so on, while he believes that it is obligatory to judge with Allaah's Laws, and that what he has done is a sinful and haraam deed, then he remains a Muslim in the fold of Islaam. However, he is committing a sin that is whose than adultery or armed robbery.
Not only lawyers.
The ruling of being guilty of major disbelief could also apply to the non-lawyers. As regards the one who is governed by a non-Islamic law, if he refers to such laws out of choice to determine his affairs, being pleased with that, then he is a disbeliever out of the fold of Islaam. But if he has no choice but to refer to this law, and does so reluctantly, then he is not a disbeliever, because if he had been able to resort to Sharee'ah, he would have done so, and he believes that this non- Islamic law is false.
Every Muslim must know that it is obligatory to judge according to the Sharee'ah that Allaah has revealed, even if those who seek the judgement are not Muslim, as Allaah says:
"And if you, judge, judge with justice between them. Verily, Allaah loves those who act justly." (al-Maaidah[5]: 42)
And there is no justice except in Islaam!
Be a solicitor instead
From all that has been said, a person may become a disbeliever by virtue of his work as a lawyer, particularly if he practices as a barrister in a land practicing a law other than the laws of Allaah. So it is better to stay clear of becoming a lawyer. However if you are already one, as much as possible limit yourself to being a solicitor. As a solicitor you do, mostly, office work. Clients consult you and you give them legal advice, you also do legal research, conduct negotiations on behalf of your client, and you draft agreements that help them to ascertain their rights and obligations when they deal with other people. You also represent your clients before government and other bodies as the need may arise.
And do not forget, no one is learned except him who acquires the knowledge that is beloved to Allaah and His Messenger.
This article was culled from the publications of Deen Communication Limited