Guidelines for Lawyers in Disputes

Authored by: Fatwas of the Saudi Fatwa Committee

A lawyer is entrusted with the responsibility of defending their client in disputes and is considered an amin (trustworthy) representative. Therefore, lawyers must adhere to the following principles:
  • Lawyers must adopt Shariah-compliant methods while defending their clients.
  • They should avoid being driven by worldly greed into false disputes.
The Prophet Muhammad (ﷺ) said:
"Whoever argues in a false case remains in the displeasure of Allah until they desist."
[Sunan Abu Dawood, Hadith No. 3597]
The Prophet Muhammad (ﷺ) instructed:

"Help your brother whether he is an oppressor or the oppressed."
When asked how to help an oppressor, he said:
"Prevent them from committing oppression; that is how you help them."
[Sahih al-Bukhari, Hadith No. 6952]
  • Lawyers should assess the legitimacy of a claim before agreeing to represent a client.
  • If the claim is invalid or if the lawyer later discovers its falsehood, they must withdraw from the case.

Lawyers must not hide documents or evidence that reveal the truth, as this constitutes betrayal.​

  • Allah Almighty warns against supporting those who are dishonest:
    "And do not argue on behalf of those who deceive themselves. Indeed, Allah does not like those who are deceitful and sinful."
    [An-Nisa: 107]
  • He also says:
    "Here you are—those who have argued for them in this worldly life—but who will argue with Allah for them on the Day of Resurrection, or who will [then] be their representative?"
    [An-Nisa: 109]

Key Takeaway:

A lawyer must uphold truth and justice, avoid false claims, and ensure their actions align with Islamic principles. Representing falsehood is a betrayal of trust and incurs Allah’s displeasure.

[Reference: Al-Lajnah Ad-Daimah, Fatwa No. 17899]
 
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