Studying positive laws and working as an attorney or a judge

Q: I am a second year law student, so I have now spent two years studying in the faculty. I would like to know whether I should leave, because it does not resort to the Shari`ah (Islamic law) for rulings, but to positive law? Is it permissible to work as a prosecutor investigating cases on the basis of man-made laws? Is working as a professor in the faculty Haram (prohibited)? Is practicing law for a living Haram?


A: Firstly: Studying positive law is permissible for someone who is endowed with sufficient intellectual and academic ability to distinguish between truth and falsehood, and they are not vulnerable, due to their strong Islamic faith, to become deviated from the truth and deceived by falsehood. (Part No. 1; Page No. 794) Also, if the intention of studying such a field is to compare Islamic and positive law to explain the superiority of Islamic law; the comprehensiveness of its laws to meet all human needs in their lives and Din (religion); its sufficiency to enforce the truth, deny falsehood, and refute the claims of the validity, comprehensiveness, and sufficiency claimed of positive laws by those enamored by them; if this is the intention, go ahead and study it, as this is permissible. Otherwise, it is not permitted to study these laws and you should, instead, satisfy yourself with studying Islamic law, as taken from the Qur'an and authentic Sunnah (whatever is reported from the Prophet), in the manner it was studied and derived from the sources by the eminent Muslim scholars and Salaf (righteous predecessors). Secondly: If practicing law leads to the legal enforcement of justice and denial of falsehood, returning rights to those deserving them and supporting those who are wronged, it will be permissible, as it will involve cooperation in righteousness and piety. Otherwise, it will not be permissible, as it will involve cooperation in sin and transgression. Allah (Exalted be He) says: Help you one another in Al-Birr and At-Taqwâ (virtue, righteousness and piety); but do not help one another in sin and transgression. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

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