Culpability for false judgment
27 Aug 2011 08:04 GMT
 
Quite often, lawyers present cases in a way that the innocent party gets punished and the guilty party wins the case. At times, the innocent party can get the death penalty. Lawyers fight the case only for money and they often defend crimes. The judge has to decide on the basis of what has been presented to him. In such cases, who is to be blamed?

Answered by

Sheikh Muhammad al-Mubârak, professor at al-Imâm University

Being a lawyer is a permissible profession. It is a kind of the legal authorization. However, it should not include any oppression or confirmation of anything unlawful.

A lawyer may not defend someone if he is not convinced of that person’s innocence. He may not assist someone in taking what is someone else’s right by way of embellished or false speech.

In case the lawyer knows that his client is not innocent or not in the right, but he uses the evidence to defeat the other party and convince the judge of a falsehood, then the lawyer is engaged in something unlawful, whether that lawyer is motivated by money or by some other purpose.

The ruling that the judge gives does not make lawful in actuality something that is truly unlawful. The judge only gives his ruling according to what he hears from the two parties.

Allah knows what is concealed in the hearts of both parties and He will judge between them on the Day of Judgment.

The guilt in this instance will be upon all those who willfully participate in the wrongdoing, meaning the lawyers and their guilty clients.

Allah’s Messenger (peace be upon him) said: “You come to me with your disputes, and perhaps some of you present your cases more eloquently than others. So, if I give a judgment in his favor because of his testimony, and because of it he takes what rightfully belongs to his brother, then I am merely giving to him a piece of the fire of Hell, so he should not take it.” [Sahîh al-Bukhârî (2458)and Sahîh Muslim (1713)]

And Allah knows best.

Source: Islam Today



-- Al Arabiya Digital


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