Question
Kindly clarify the position in regards the practice of law in the UK. I am a lawyer specializing in family law which involves divorce, children, division of marital assets and also some cohabitation disputes over children and property.
I do not intend to ever seek the post of a Judge as they are required to interpret the intention of parliament which can sometimes lead to the creation of additional laws (common law).
Since Allah commands that his laws must prevail, can I, as a lawyer who advises and represents people in the UK Courts, be considered as promoting man made law?
In short, is there anything wrong from the Islamic perspective in what I am doing?
Answer
According to the Islamic teachings, it is the responsibility of those in authority to legislate laws that are in accordance with the directives of the Qur’an and the Sunnah. It is not the responsibility of the common man to legislate suitable laws or to make alterations in any of the legislated laws, even if he thinks that they are against the directives of the Qur’an or the Sunnah.
As an attorney of law, it is not your responsibility to amend any laws or to make them in accordance with the Qur’an and the Sunnah. On the contrary, your responsibility is to strive for justice within the framework and the scope of the legislated laws.
I hope this helps.
Moiz Amjad
September 30, 2004