What is the ruling on practicing the legal profession when facing the following pressures: free mixing (of sexes), taking litigation expenses and fees upon losing the case, paying the widespread bribes, difficulty in collecting fees, and applying laws that conflict with Islamic Sharia?
The profession of law is originally permissible, provided there is no impediment, because a lawyer acts as an agent for their client. There is no Sharia impediment for a woman to be an agent, unless it leads to prohibited mixing or private seclusion with a non- man. If the lawyer agrees with the client on a fee for a specific task, the lawyer is entitled to that fee whether the case is won or not. However, if the agreement is for a specific amount contingent upon winning the case, then the lawyer is not entitled to it unless the case is won. The lawyer may seek reimbursement from their client for procedural expenses. Bribery, both giving and taking, is among the major sins, except for what is paid to avert injustice or to obtain a right that cannot be reached otherwise.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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