Responsibilities and Ethical Requirements of Lawyers in the Islamic Judicial System

Author: Dr. Muhammad Zia-ur-Rahman Azmi (رحمہ اللہ)

The Role of Lawyers in the Islamic Judicial System

In the Islamic judicial system, a lawyer's role is to represent one of the two disputing parties—either the plaintiff or the defendant. It is incumbent upon both the lawyer and their client to seek the truth with moderation and to act justly toward the opposing party. Adhering to these principles is not only beneficial for them but also facilitates the resolution of disputes, assisting the judge in reaching a fair decision.

Ethical Conduct and Accountability

  1. Fair Representation:
    The lawyer must pursue justice sincerely, ensuring no deception or manipulation of facts occurs during the case proceedings.
  2. Consequences of Dishonesty:
    • If a lawyer or the opposing party seeks to exploit the judicial process through selfishness, deceit, or fraudulent means, particularly for monetary gain—whether lawful or unlawful—they commit a sin.
    • Such actions not only involve consuming wealth through false means but also cause confusion and difficulty for the judge, potentially leading to an unjust ruling.
  3. Divine Guidance:
    • The outcome of a case heavily relies on Allah’s favor and guidance. Without divine assistance, there is a risk that the judge may fail to deliver a just verdict.

Key Takeaways:

  • Lawyers have a significant responsibility in ensuring fairness and justice within the judicial system.
  • Ethical behavior and honesty are essential for both the lawyer and the client.
  • Manipulating the judicial process is a grave sin and disrupts the administration of justice.
 
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