Shariah Guidelines and Types of Advocacy

Compiled by: Dr. Muhammad Zia ur Rahman Azmi (Rahimahullah)

Definition of Advocacy in Shariah​

Advocacy refers to the act of representing someone in a legal dispute, arguing on their behalf against an opposing party. In Islamic jurisprudence, advocacy is divided into two main categories based on its purpose and adherence to truth.

Types of Advocacy​

1. Advocacy for the Truth​

This form of advocacy involves representing a party in pursuit of justice and defending the truth. Engaging in this type of advocacy is permissible in Islam, as it aligns with Shariah principles. Key points include:

• The advocate can charge a fee or accept remuneration for their services.
• Acting as a representative for rightful claims is considered permissible and beneficial.

2. Advocacy for Personal Gain or Falsehood​

This type of advocacy occurs when a lawyer seeks to win a case regardless of whether it aligns with truth or falsehood. This practice is prohibited in Islam due to the following reasons:

• It compromises the advocate's moral responsibility by defending both truth and falsehood.
• It contradicts the obligation of a Muslim to advise and correct their brethren when they engage in wrongdoing.
• Representing falsehood facilitates injustice, which is strictly prohibited in Islam.

Prophetic Guidance on Combating Wrongdoing​

The Prophet Muhammad (peace be upon him) emphasized the duty to combat evil and avoid supporting falsehood. He said:

"Whoever among you sees an evil, let him change it with his hand. If he is unable to do so, then with his tongue. And if he is unable to do so, then let him hate it in his heart, and that is the weakest of faith."

[Sahih Muslim 49/78]
This teaching highlights the importance of avoiding any role in promoting or defending injustice.

Key Guidelines for Muslim Advocates​

1. Advocate Only for the Truth
   
   • Ensure that the case you represent aligns with justice and Shariah principles.
   • Refuse to advocate for cases rooted in falsehood or injustice.
2. Avoid Compromising Ethics for Financial Gain
   
   • Earning through unlawful means, such as representing falsehood, is prohibited.
   • Uphold integrity and moral responsibility in legal representation.
3. Advise and Guide Others
   
   • When witnessing a fellow Muslim engaging in wrongful actions, counsel them to return to the path of truth.
   • Do not support their wrongdoing by representing their case.

Conclusion​

Advocacy is permissible in Islam when it is for the sake of justice and truth. However, representing falsehood or engaging in cases for mere personal gain is prohibited. Muslims must prioritize integrity and righteousness in all dealings, including legal representation.