Syarie lawyer’s diligence and trustworthiness: the Islamic law perspective

In a conventional legal system, every person accused of any crime is considered innocent until proven guilty. Hence, an advocate and solicitor engaged by a person charged with an offence shall undertake the defence of the person regardless of his personal opinion as to the guilt or otherwise of the accused.2 However, from the perspective of Islamic law, it is imperative for a Syarie lawyer to be honest and sincere in all his dealings with others and this include representing the client in court. He should avoid or refuse a client if it is obvious that the client has either confessed to the commission of the crime or that the gathered evidence is leading to this conclusion, especially so if the client has requested the lawyer to mislead the court by, for example, giving false information or tendering false or counterfeit certificates in support of his claims, among others. The Syarie lawyer must instill in their client the importance of speaking the truth and if the latter refuses, the former should decline the case. Although the above is already governed in the Code of Ethics of Peguam Syarie 2000 as well as the Legal Profession (Practice and Etiquette) Rules 1978, this matter is also a religious responsibility entrustedto Muslims in upholding absolute justice. Besides, the Syarie lawyer has a sense of accountability in the Hereafter for all the actions and deeds in this life. Having said the above, this Chapter discusses the essential qualities of a Syarie lawyer, namely honesty and trustworthiness.