Is it haram to work as a criminal defence attorney or prosecutor in the west? Where the law is secular and not shariah. I need a mufti to answer this one.
Wa alaykum salaam,
In order to understand whether one’s income is permissible and lawful, the exact services of the job role and description would have to be reviewed.
Advocacy and law falls into the concept of wakālah in Sharī῾ah. A person may not be able to represent him or herself in a court due to natural or legal measures. Hence, a person uses the services of a lawyer to represent him in front of a judiciary.
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.
Mufti Taqi Uthmani states that the permissibility is subject to three conditions:
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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. However, it will be permissible to plead for a reduction of the sentence of the criminal on the grounds of genuine mitigation circumstances.
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It is not permissible for a Muslim advocate to help his client in claiming a right which is disapproved by the Sharī῾ah.
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A Muslim advocate is not allowed to use prohibited means to advance the case of his client like false statements, forged documents etc.