The income of a lawyer (wakil) and accepting gifts from it
Question
Question: (1) Is the income that court lawyers (wakils) earn from their advocacy (wakala) halal or haram, given that in practising it they take on every kind of case, both rightful and wrongful? (2) Is it permissible or impermissible to accept a gift from the income of such a lawyer? (3) Is there any difference in accepting a gift from the income of the advocacy of a Muslim and that of a non-Muslim? (4)
Answer
Advocacy (wakala) is a contract of hire (ijara). If in an ijara the work or the period, as well as the wage, are specified, and that work is not a sin and is not among those acts of worship (taʿat) for which taking a wage is impermissible, then the ijara is valid. Likewise, if the above is observed in advocacy, the income from advocacy will be halal.
Source: Fatawa Mahmudiyya
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