An advocate or Legal Consultant working for a Law firm has to lie before the Court.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Assalamo
Aleikum.
An
advocate or Legal Consultant working for a Law firm has to lie before the Court
to safegurad legal interest of their clients and sometime has to lie to their
clients to hide mistake of an employee of the law firm (means to hide mistake
of the law firm). How do you justify such lie in the light of teaching of The
Holy Quran and Hadith.
Kindly
advis me your opinion.
Allah
Hafez
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Lying in court of
law
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 135:
135 O ye who believe! Stand out firmly for justice as witnesses to
Allah even as against yourselves, or your parents, or your kin, and
whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts) lest ye
swerve, and if ye distort (justice) or decline to do justice verily Allah is
well-acquainted with all that ye do.
Allah Says in the Holy Quran Chatper 5 Surah
Maidah verse 8:
8 O ye who believe! Stand out firmly for Allah as witnesses to
fair dealing and let not the hatred of others to you make you swerve to
wrong and depart from justice. Be
just: that is akin to piety: and fear Allah for Allah is
well-acquainted with all that ye do.
Sahih Al-Bukhari Hadith 8.7 Narrated by Abu Bakra
Allah's Messenger (saws) said thrice,
"Shall I not inform you of the biggest of the Great Sins?" We said,
"Yes, O Allah's Messenger (saws)"
He (saws) said, "To join partners in worship with Allah; to be
undutiful to one's parents." The Prophet sat up after he had been
reclining and added, "And I warn you against giving forged statement and a
false witness; I warn you against giving a forged statement and a false
witness." The Prophet (saws) kept on saying that warning till we thought
that he (saws) would not stop!
Sahih Al-Bukhari Hadith 9.97 Narrated by Um Salama
The Prophet (saws) said, "I am only a
human being, and you people have disputes. Maybe some one amongst you can
present his case in a more eloquent and convincing manner than the other, and I
give my judgment in his favor according to what I hear. Beware! If ever I give
(by error) somebody something of his brother's right, then he should not take
it as I have only, given him a piece of Fire."
It just does not befit the character of a believer who
sincerely fears Allah and the Last Day to intentionally tell a lie or strive to
avert the course of justice by giving a false statement….for that would indeed
be an extreme abomination and sin in the Sight of Allah Subhanah.
If Allah Subhanah has blessed one to become a lawyer, he
should realize that his duty and responsibility unto Allah, unto the truth, and
unto justice is greater than his duty towards his ‘law firm’…….he should only
take on cases whereby he would be able to defend the truth and justice and
absolutely decline the cases whereby he would be required to defend the evil,
tyranny, oppression or injustice his evil clients by lying in a court of
law…..for that then would be akin to piety and righteousness in the Sight of
Allah Subhanah.
A lawyer might be able to get away for lying in the
interests of defending the evil and injustice of his ‘client’ in the courts of
this world….but Allah is our witness brother, if the lawyer intentionally lied
and defended the evil and injustice done by his client by lying in a court of
law….he will have a severe accounting for his role in averting the course of
justice in the Presence of the Supreme and Majestic Judge on that Inevitable
and Tumultuous Day of Judgment!
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan