Power of Attorney: Ethical and Shar‘ī Ruling on Defending an Unjust Case in Court

Practical Laws of Islam as per the teachings of Imam Khamenei

Power of Attorney: Ethical and Shar‘ī Ruling on Defending an Unjust Case in Court

English:

Question #1801:

Some solicitors represent companies in the courts in defending cases filed against the companies by certain quarters or vice versa. If the solicitor has no doubts as to the guilt of the company, is it permissible for them to defend it? If the solicitor fights the case on behalf of the company, while he maintains that the company has no right in these cases, is he going to be responsible for his own actions in cases where the court rules in the company’s favor? And would the fee the solicitor received for his work in defending the unfair claim be considered ill gotten and, therefore, ḥarām to be had?

Answer #1801:

It is not permissible to defend an unfair claim and set out to prove that it is right. The court’s judging in favor of the defendant has no effect on the work itself. The fee paid for defending an unfair case is ḥarām.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Power of Attorney