Can a Muslim lawyer call as a witness a person who has committed a sin or someone who is not a Muslim for a client who is entitled to justice?
Hanafi Fiqh
Answered by Shaykh Faraz Rabbani
Question
What is the ruling with regard to acting as a lawyer in a court case for a non-Muslim? And if one’s client is correct, whether it is in a Muslim or a non-Muslim country, what is the ruling on obtaining the court to accept the testimony of a sinner, a non-Muslim, or a woman whose testimony alone is not sufficient in that case to assist in securing a win for the client? Are the rulings the same in Muslim and non-Muslim countries?
Answer
In the name of Allah, the Most Merciful and the Most Compassionate.
Yes, in the Hanafi school of thought it is allowed for a Muslim to act as a lawyer for a non-Muslim if the latter’s claim is legitimate and to produce the truthful witnesses necessary for the case, regardless of the witnesses’ faith or behavior. This decision applies whether the country in question is Muslim or non-Muslim.
Imam Marghinani (Allah have mercy on him) permits agency in pleading in all rights, since “not everyone finds his own way through the ways of pleading.” [Marghinani, al-Hidaya]
The conditions the Sacred Law sets for a witness bind a judge ruling by the Sacred Law, as we said in answering your earlier question, not the lawyer. The court weighs the witness; you answer for your own act.
That act must be truthful. Do not coach, shade, or invent testimony, or press a claim you know to be false. Allah Most High says: “Verily We have sent down to you the Book with entire clarity, Justice, and Truth, to judge between men by what Allah has shown you; So dispute not on behalf of traitors.” [Quran 4:105; Keller, The Quran Beheld]
Eloquence in pleading does not turn a wrong into a right. The Messenger of Allah (Allah bless him and give him peace) said: “Whoever I award something of his brother’s right, let him not take it, for I am only cutting off for him a piece of the Fire.” [Sahih Muslim]
So bring what is true, decline what you know to be false, and let the court weigh it.
And Allah knows best.
Faraz Rabbani
Related Answers
One. Working Within Non-Islamic Law – Working as a lawyer under non-Islamic law is permitted where the particular right does not clearly contradict the Sacred Law.
Two. What Are the Islamic Sanctions for Giving False Testimony in Court? – False testimony is a major sin, with liability to repair the harm.
Three. Is It Permissible for a Lawyer to Include Interest Claims in Lawsuits, as Mandated by Law? – A lawyer should not himself add an interest claim to a suit.
«النصوص» · Source-Texts
[المرغيناني، الهداية]
«وتجوز الوكالة بالخصومة في سائر الحقوق لما قدمنا من الحاجة إذ ليس كل أحد يهتدي إلى وجوه الخصومات»
[صحيح مسلم]
«إِنَّكُمْ تَخْتَصِمُونَ إِلَيَّ. وَلَعَلَّ بَعْضَكُمْ أَنْ يَكُونَ أَلْحَنَ بِحُجَّتِهِ مِنْ بَعْضٍ. فَأَقْضِيَ لَهُ عَلَى نَحْوٍ مِمَّا أَسْمَعُ مِنْهُ. فَمَنْ قَطَعْتُ لَهُ مِنْ حَقِّ أَخِيهِ شَيْئًا، فَلَا يَأْخُذْهُ. فَإِنَّمَا أَقْطَعُ لَهُ بِهِ قطعة من النار»
Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan. In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era. Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs. Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School.” This book, published by White Thread Press in 2004, is a significant contribution to Islamic literature. His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse. Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.
