Question 1 :
What do respected Islamic scholars say about the following issue? Is it permissible to practise the legal profession?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer :
The legal profession is itself permissible. In fact, many people are not able enough to present their viewpoint properly, to justify it by giving proofs and to gain their right. One also wants to avoid facing the disgraceful situation in the court. Therefore, blessed Shar’iah has allowed a person to make anyone else his representative for the purpose of pursuing the case on his behalf. This practice dates back to ancient times.
Regarding arguing with the representative of a person, Sayyidatuna Fatimah Bint-e-Qays رَضِیَ اللّٰەُ تَعَالٰی عَنْهَا and its ruling said:
طلقنی زوجی ثلاثًا، ثم خرج الی الیمن، فوکل
اخاہ بنفقتی، فخاصمتە الی رسول اللّٰە صلی اللّٰە علیە وسلم
Translation:
My husband divorced me thrice. He then went to Yemen after he made his brother his representative by entrusting him with providing for me. So, in the court of the Holy Nabi صَلَّى اللّٰەُ تَعَالٰى عَلَيْهِ وَاٰلِهٖ وَسَلَّم, I argued with him (i.e. the brother of the husband). (Kitab-ul-Asal, vol. 11, pp. 205) Based on narrations, it is proved that Sayyiduna ‘Ali رَضِىَ اللّٰەُ تَعَالٰی عَنْهُ would make any person his representative so that the representative would handle disputes on behalf of Sayyiduna ‘Ali رَضِىَ اللّٰەُ تَعَالٰی عَنْهُ. Sayyiduna ‘Abdullah Bin Ja’far رَضِىَ اللّٰەُ تَعَالٰی عَنْهُ.
کان علی بن ابی طالب رضی اللّٰە عنە یکرہ الخصومة فکان
اذا کانت لە خصومة وکل فیھا عقیل بن ابی طالب فلما کبر عقیل وکلنی
How is it to purchase and sell water?
Question 2:
What do respected Islamic scholars say about the following issue? How is it to purchase and sell water? At some places, water is sold in litres and at some other places, it is sold in gallons. Which of the cases is permissible?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer :
It is permissible for a person to sell and purchase the water that is in his ownership. It is stated in Bahar-e-Shari’at: The water stored in ewers, large pitchers and pots cannot be used by anyone without permission from the owner. This water can also be sold by the owner. (Bahar-e-Shari’at, vol. 3, pp. 667) Usually, the bottle or the gallon, etc. in which the water is sold, is itself a unit for measurement and is known to people. However, the exact number of litres in the bottle is, sometimes, not known. But the buyer knows that he has bought water in a certain bottle which is in front of him. So the bottle is itself a unit for measurement in this case and there is no ambiguity either. Therefore, this type of sale and purchase is permissible. It is stated in Bahar-e-Shari’at: If someone asks the water-selling person to serve water from a certain number of particular water-bag, then this is permissible. (Bahar-e-Shari’at, vol. 2, pp. 698)