Fatwa ID:05083

Answered by: Mufti Mohammed Tosir Miah

Question

I study law in Germany in my final year Insha Allah and have confusion regarding that. I just came across the fact that you have studied British law in Birmingham so I guess you are the right Mufti to ask Insha Allah.
 
 
– In our exams, they give us fictional cases which we have to solve. They’ll give a certain scenario where persons A, B, C, etc. did something and ask you what the legal situation is. I would then – for example – come to the conclusion “Person A would be entitled to x amount of interest according to § xxx of the German Civil Code”. My intention is to say what the people would be entitled to when applying German law in this case or what the ruling would be according to German law. Even though I know it is wrong and I wouldn’t apply that in a real case. But just giving an answer to how this theoretical case would be solved according to German law.

Otherwise, I think it wouldn’t be possible to pass.
 

-Sometimes there are differences of opinion amongst the German lawyers how certain laws are to be applied and we have to know the discussion and arguments. And decide on one opinion and solve the case according to that. Or sometimes you even have room for your own decision. But I’m limited to German law in this and I often wouldn’t know the Sharia ruling anyway. Or sometimes the case might even involve Muslims (like cases of freedom of speech or religion etc.).
 

The question is: What is your advice/the ruling in these scenarios?  I hope you understand the question and find time to answer it, Insha Allah.

In the name of Allah, the Most Beneficent, the Most Merciful.

Answer

It is in itself permitted to practice law in a non-Muslim land or in a non-Islamic legal system. However, one must do so with the intention not to participate or assist injustices, wrongdoings, corruption, or bribery.

Regarding your question, it will be permissible for you to answer according to the German Law on hypothetical facts and case scenarios. The aim of these case scenarios is to see whether one is able to implement cases and precedents from the German Law onto a hypothetical case scenario. You will not be considered as doing something which is contrary to the Shariah in answering these case scenarios.

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham