| Author | Topic |
jitujaman
UNITED KINGDOM
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 Topic initiated on Wednesday, October 20, 2004 - 2:01 AM 
Calling all Lawyers
Dear all, Assalamu alaikum
By way of introduction, I am a family lawyer and my work involves disputes between husbands, wives, cohabitants in connection with their marriages, children and or finances and sometimes domestic violence.
I am born a muslim although I have not been practising the same as I should have been until about 3 months ago. I think I am now on the right path, alhamdulillah or Insha'allah as the case may be.
I am now trying to reform my lifesytle to one which is acceptable/recommended in Islam, Insha'allah.
Alhamdulillah, I now pray as I should be and have made various changes in my life including the change of my name to Saiful Islam. I am also undertaking various courses with Studying Islam as it is compulsory for us to acquire knowledge.
I am also now trying to eliminate from my life all forms of interest (as it is prevalent in the west) by getting rid of all my credit cards and also changing my mortgage to an Islamic one. I am also learning to recite the Qur'an with the help of my dear wife and (Al Qari Plus software).
Sister Henna wanted some background information so I hope the above will suffice for now.
With the above in mind I wonder TO WHAT EXTENT IS A MUSLIM ALLOWED TO PRACTICE LAW IN THE UK?
I hope that we can all enter into a dialogue with a view to reforming ourselves to that which is acceptable/recommended in Islam.
I pray that Allah gives me the strength to make the changes that are necessary for a good muslim, Insha'allah.
With kind regards
Saif |
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hkhan
UNITED KINGDOM
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 Posted - Friday, October 22, 2004 - 9:40 PM 
Thnx for your post dear br
and our prayers are with you
Indeed muslim ummah is lucky to have people who acquire the knowledge of deen n dunya n apply it for the welfare of humanity.
regards |
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hkhan
UNITED KINGDOM
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Posted - Sunday, October 24, 2004 - 12:56 PM
For that matter I was wondering that while dealing with family law among different Communities, what problems you come across the most while trying to give solutions as per local rulings. |
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jitujaman
UNITED KINGDOM
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Posted - Tuesday, October 26, 2004 - 1:27 AM
Assalamu alaikum
Insofar as the British legal system and its people (predominantly white non-believers)there are no problems as such although at times an individual may be dissatisfied with the current state of the law and this varies from person to person. For example: Following separation a mother who wishes to stop the father from having reasonable contact with the child is unhappy when she is advised that the child has the right to see his or her father. Equally a husband who has been the sole breadwinner throughout the marriage and has been caring for the family financial and building up capital for the good of the family is unhappy when he is told that his wife has rights over this capital, sometimes more than 50% depending on the circumstances. As far as I am concerned I am supposed to be giving advice which is realistic in accordance with the domestic laws on an objective basis so that it is good advice.
However from an Islamic standpoint, I encounter problems on a daily basis. For example I often have to shake hands with female clients (although I try and avoid this now); I sometimes have to be in the same room with a female client or an opposing female lawyer or even a female judge. These occurances are clearly forbidden in Islam and I am fearful of the consequences.
I feel that the legal profession is not ideal for a good muslim (if only I thought of it earlier) because most practices of the British legal system are Haram. For instance, if one specialises in buying and selling properties (conveyancing) then they would often be acting for lenders and also witness mortgage documents which contains terms for the borrower to pay interest. If one became a litigator (debt recovery, commercial, contract or even personal injury law) then it is common practice to seek an Order from Court for interest which is Haram. Unless a lawyer seeks this he would be held to be negligent.
Thank God, Family Law is not as bad as it is mostly to do with divorces,children and separation of existing assets between them. Rarely there would need to a provision in any agreement for one of the parties to pay interest should they not pay within the agreed timescale.
I have about 18 months of PQE (post qualification experience) I cannot start my own practice until I have acquired 3 years of PQE. Insha'allah I will then start my own practice with a "Halal Checklist".
I have recently been considering leaving the profession for the above reasons but on thinking about it I feel that I can use my profession for the good of Islam rather than abandon it. Sadly I have to wait for another 18 months or so (and some capital) to be able to do this.
I hope that one day I would be in a position to represent only the muslims in Britain in pursuit of causes which are allowed/recommended in Islam.
Allah knows my motives.
I suspect that as a doctor you may need to be alone in a room with male clients. How do you deal with this?
Regards
Saif |
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barrister
UNITED KINGDOM
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Posted - Wednesday, October 27, 2004 - 11:08 PM
Asalaam Alaykum brother Saif,
I am a barrister and understand your concern for being a muslim lawyer. I have had a similar perception to yours regarding carrying out islamic duties and trying to conduct your work without involving haraam elements. The worrying factor that I perceive is not only on the interest claimed in cases but the law itself. Being a muslim it is our duty to follow the shariah law even if the country we live in does not govern it. The 'Quran' lays down the law in various fields in law and how we should act accordingly, for example the level of compensation in personal injury cases will be different in the 'Quran' than from UK personal injury law. As UK lawyers we represent manmade laws, does this therefore mean that we are contravening the laws of Allah SWT, if so we are therefore committing a grave sin. Please let me know your comments regarding this situation.
Wasalaam
Sis. Ghazala |
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jitujaman
UNITED KINGDOM
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Posted - Thursday, October 28, 2004 - 1:50 AM
Assalamu alaikum sis Ghazala
I agree with your concerns as I have also considered this myself. However I am lead to believe that a muslim person is allowed to seek civil remedy in accordance with the law of the country in which he or she lives (provided of course the aim is not prohibited in Islam i.e. enforcing ones right to obtain a licence to sell alcohol). If this is the case then what is wrong with the person who assists (i.e. a lawyer) such person in seeking this civil remedy?
Please feel free to comment as I am really and truly after the truth.
May Allah give us the strength to reject what is not allowed and accept what is.
Regards
Saif |
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Saifonline
UNITED KINGDOM
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Posted - Tuesday, January 18, 2005 - 4:40 PM
| Any more lawyers on the scene? It will be nice to have some more thoughts along the same line or something else for that matter. |
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perv1
UNITED KINGDOM
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Posted - Sunday, January 23, 2005 - 10:12 PM
| There is no compulsion in any career. If any individual finds being a barrister incompatible with their faith. They will have no problem in seeking alternative employment, if they do not mind drop in their income. |
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hkhan
UNITED KINGDOM
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Posted - Monday, January 24, 2005 - 9:41 AM
assalamu alaykum
Welcome perv1
I think you lawyers know the best in your situation but as a general rule I do agree that many a times when we prefer the hereafter on this world, we have to let go of some of our favourite things and comforts.
May Lord keep the trials in this life easy for us. amen
regards |
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hkhan
UNITED KINGDOM
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 Posted - Friday, February 4, 2005 - 8:38 PM
assalamu alaykum dear lawyers/solicitors
Could you plz tell us the options of writing an Islamic Will in the UK;
many thnx/j.k.
regards |
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Saifonline
UNITED KINGDOM
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Posted - Monday, February 7, 2005 - 2:20 AM
Wa alaikum assalam sister Henna
Firstly, I am not a specialist in Wills or Probate as I am a Family Lawyer and therefore the views I express below are subject to the views of a specialist Probate Lawyer. Equallly, I am a student of Islam and therefore my views in regards the requirements of Islam are also subject to the views of others who know better. Allah knows best.
Islamic Will is currently my favourite topic as I have recently discovered that it is compulsory for us all to prepare one, particularly in the UK for the following reasons:
The Messenger of Allah (saws) said: "It is not permissible for any Muslim who has something to will to stay for two nights without having his last testament written and kept ready with him" (Bukhari 4:1) He (saws) also said: "He who dies leaving a will has died following a (right) path and a Sunnah; he has died with taqwa and testifying to the true faith; he has died with his wrong actions forgiven." (Mishkat)
There are many more Ahadiths confirming that the preparation of a will is compulsory for the Muslims who have something to will. In the UK most of us do, even if it is a few hundred pounds.
In addition, Allah (swt) has decreed that the estate of the deceased be distributed amongst the heirs in a certain way and therefore as a Muslim it is essential that he or she takes the necessary steps to ensure that his estate is distributed in accordance with Allah's command and not his own preferences or the law of the country in which he or she dies. The only way to achieve this would be to prepare an Islamic Will without delay.
In the UK, if a person dies without leaving a will, he would be regarded by law as having died intestate and therefore his estate would be divided in accordance with the intestacy rules which has no relationship with or regard to Allah (swt's) command. For example, the first £125,000 or thereabouts and all of the personal chattels would go to the surviving spouse. The remainder of the estate would normally be divided into two equal parts: one part to be shared by all of the children equally and the other part is to be enjoyed by the surviving spouse for life and upon his or her death the children will receive the remainder in equal shares. This is a simple calculation and things may be slightly different depending on the individual circumstance. It should be appreciated that this is far from what is commanded by Allah (swt).
On the other hand, a person in the UK is free to prepare his or her own Will although it must comply with the formalities required under the Wills Act 1809. In fact it is recommended. The testator may therefore leave his or her estate to whomever he or she likes. However, this is subject to the discretion of the Court if and only if one of the beneficiaries or dependants make an application under the Inheritance (Provision for Family and Dependants) Act 1975 complaining that they should have but did not receive a share or that they did not receive enough.
Insofar as the preparation of an Islamic Will is concerned there may be some practical difficulties. For example, when the will is prepared, the number of children or the predicted number of beneficiaries may not remain the same when the testator dies. In Islam the amount or percentage received by a particular heir depends on the number of other heirs and their gender. For this reason what the testator may will at the time of writing the will intending that his wishes accord with Allah's command may not necessary be the case when he dies because he may have had more children or one of his parents may have died or one of his children may have died since then which would have a knock on effect on the allocation of shares and the Courts of England and Wales may not readily agree to a variation to the terms of the Will for this reason.
I am currently in the process of preparing my own Islamic Will and instead of specifying the shares for the above reasons, the wording of my will is to the effect that upon my death my Executors are to jointly agree and seek the opinion of an Islamic Scholar and distribute my estate in accordance with his advice. I am not sure whether and to what extent the Courts would approve this but I very much doubt that my heirs would complain thereby excluding the Court's involvement in the same. Allah knows my intentions.
If anyone is interested, I am aware of a firm of solicitors in London who do prepare Islamic Wills. I can provide details to any interested parties.
Regards
Saif |
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barrister
UNITED KINGDOM
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Posted - Wednesday, February 9, 2005 - 10:33 AM
Asalaam Alaykum Sister Dr Henna,
Regarding Islamic Wills, I think brother Saif seems to have covered the topic extremely well regarding UK law. I personally don't have much knowledge on Islamic wills but if anyone is interested in learning about them then CLT - Leading provider of professional training provides a 3 hour course on Islamic Wills at 7 venues. If anyone wants to have an Islamic Will drafted then the following Solicitor's provide that service.
Aina Khan Partnership Solicitors
Address: 19
Plashet Grove
Town: UPTON PARK, LONDON
Postcode: E6 1AD view map
Telephone: 020 8472 4462
Fax: 020 8471 9731
Email: aina@ainakhan.com
Web: www.ainakhan.com
Brief Details: Solicitors offering high quality legal advice and most of our work is referred to us by satisfied clients. We provide specialist help in areas such as: family/domestic/matrimonial; housing; personal injury and welfare benefits. We aim to ensure all cases are dealt with quickly and in a sensitive manner. We specialise in Asian and Islamic issues such as: dowry disputes; Islamic Family law; child abduction to the sub-continent; Islamic Wills, etc. Emergency injunctions within 24 hours.
Extra Information: Building only accessible to wheelchair/scooter users on the ground floor.
Opening Hours Monday-Friday: 9.30am-5.30pm.
Cost of Service CLS funding for eligible cases.
Cost of Service
Childcare Facilities None.
Languages (Other than English) Bengali, Gujarati, Hindi, Punjabi, Turkish, Urdu
Access for the Disabled Stairs with HANDRAIL on ONE SIDE ONLY, PARKING for Orange/Blue Badge holders nearby, Building has LEVEL or RAMPED ACCESS via the main or side door
Publications Website.
Last Updated 22 July 2004
Information provided on the understanding that you have read and understood our disclaimer (Click here for details). If you spot any errors or omissions then please contact the Communications Team, Room 11, Old Technical College, East Ham Town Hall, Barking Road, London, E6 2RP, Tel: 020 8430 3184, Fax: 020 8430 1549, Email: newham.directory@newham.gov.uk
If you require information alternative to this then please let me know.
Wasalaam
Sister Ghazala |
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hkhan
UNITED KINGDOM
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Posted - Thursday, February 10, 2005 - 2:34 PM
Thank you dear br. n sr. for your valuable and informative posts. I'm sure it will be beneficial for our members. So we understand that there are no restrictions on writing an Islamic Will in the UK alhamdulillah.
regards |
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AmrBassiouny
HONG KONG
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Posted - Friday, February 11, 2005 - 6:03 PM
There are some problems here which you talk about, that i can't really see in any way as committing a sin.
For example, if a doctor has to examine female patients, it is not haram for him to do so! Why should it be haram for you to speak with your patients face-to-face? This is your job, and it is required of you to do certain things, and as long as these things do not lead you into haram, and as long as you do these things in good faith, then there should be no haram.
I could go on about the Quranic interpretation and hadith and the Sharia being unsuitable for certain circumstances but i don't feel like getting into all that as it would be extremely long (and i still have much reading to do, so i'll keep that for when i am more confident of myself).
As long as you don't sin, and you do your work according to the law of your country, and you don't have any bad intention while doing this work, and most importantly you don't harm anybody while doing this work, then it is generall OK. In my humble opinion, of course.
I havn't done much study on this aspect of Islam though, so i don't have much to back me up. Please feel free to correct me.
Edited by: amrbassiouny on Friday, February 11, 2005 6:08 PM
Edited by: amrbassiouny on Friday, February 11, 2005 6:10 PM |
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hkhan
UNITED KINGDOM
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 Posted - Saturday, February 12, 2005 - 4:14 PM
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Saifonline
UNITED KINGDOM
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Posted - Sunday, February 13, 2005 - 5:38 AM
Assalamu alaikum
Sister Ghazala, are you a member of the Association of Muslim Lawyers (AML) in the UK?
Wishing to become a member I once sent them an email but never received a response. |
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