The profession of advocacy, in itself, is not prohibited. This is a service
rendered to the client for which an advocate can charge a fee. However, this
permissibility is subject to three conditions. Firstly, a Muslim advocate is
not allowed to plead the case of a person whom he believes to be unjust.
Therefore, if he knows that his client has committed an offence he is not
allowed to plead for his innocence. The Holy Qur’aan is very clear on this
point where it says: ‘And do not be an advocate for those who have committed
breach of trust.’
Nevertheless, it is not impermissible for an advocate to plead for any
concession given to the culprit under the law, for example, in the above
case it is not allowed to plead for the innocence of an offender, however,
it is permissible to plead for reduction of his sentence on the grounds of
genuine mitigating circumstances. Secondly, it is not allowed for a Muslim
advocate to help his client in claiming a right which is disapproved by the
Shari’ah, for example, if a person wants to sue his opponent for recovering
usury or interest, a Muslim advocate cannot plead his case to that extent.
Thirdly, a Muslim advocate is not allowed to use prohibited means to advance
the case of his client like false statement, forged document, etc. Subject
to these three conditions the profession of advocacy cannot be termed as
repugnant to the injunction of Holy Qur’aan and Sunnah. (Contemporary
Fataawa; Justice Mufti Muhammad Taqi Usmani)
And Allah Taãla Knows Best.
Was salaam
Mufti Ebrahim Desai