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Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law

Legal professionals are seen as people who are knowledgeable, possess good characters and responsible in managing and handling legal related issues. The position becomes more special if the lawyer has dual qualifications and can practice at both civil and Shariah courts. The public, especially gives...

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Main Author: Mohamed, Duryana
Format: Book Chapter
Language:English
Published: Harun M Hashim Law Centre, IIUM 2023
Subjects:
K Law (General)
KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/106147/1/106147_Ethical%20standards%20among%20lawyers.pdf
http://irep.iium.edu.my/106147/
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spelling my.iium.irep.1061472024-01-10T11:14:32Z http://irep.iium.edu.my/106147/ Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law Mohamed, Duryana K Law (General) KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh Legal professionals are seen as people who are knowledgeable, possess good characters and responsible in managing and handling legal related issues. The position becomes more special if the lawyer has dual qualifications and can practice at both civil and Shariah courts. The public, especially gives high expectation to Shariah lawyers (‘Peguam Syarie’) since they are considered as persons with good knowledge on Islamic laws, possess good ethics and characters and able to uphold justice. They should be the role model for other legal practitioners. Nevertheless, some lawyers tend to breach the laws by behaving unethically which later resulted with certain penalties. It is very challenging to ensure that everyone maintains his/her integrity and good behaviour unless they possess high moral values. This paper discusses on the importance of good ethics among legal professionals, the type of misconduct, the effects of misconduct or breach of the code of ethics among civil and Peguam Syarie, and the adequacy of the penalties imposed on them. The main aim of the paper is to understand the misconduct, analyse the impacts of such misconducts to the lawyer’s profession and to their client and to examine whether the current procedures and penalties are adequate. In the findings, it was found that there are certain similarities on the effects of breach and type of penalties imposed on civil and syariah lawyers and they are quite adequate and reasonable. Harun M Hashim Law Centre, IIUM 2023 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/106147/1/106147_Ethical%20standards%20among%20lawyers.pdf Mohamed, Duryana (2023) Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law. In: Harmonisation of Shari'ah and Law: Approaches and Progress. Harun M Hashim Law Centre, IIUM, Gombak, Kuala Lumpur, pp. 499-516. ISBN 978-967-2424-46-8
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
spellingShingle K Law (General)
KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
Mohamed, Duryana
Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law
description Legal professionals are seen as people who are knowledgeable, possess good characters and responsible in managing and handling legal related issues. The position becomes more special if the lawyer has dual qualifications and can practice at both civil and Shariah courts. The public, especially gives high expectation to Shariah lawyers (‘Peguam Syarie’) since they are considered as persons with good knowledge on Islamic laws, possess good ethics and characters and able to uphold justice. They should be the role model for other legal practitioners. Nevertheless, some lawyers tend to breach the laws by behaving unethically which later resulted with certain penalties. It is very challenging to ensure that everyone maintains his/her integrity and good behaviour unless they possess high moral values. This paper discusses on the importance of good ethics among legal professionals, the type of misconduct, the effects of misconduct or breach of the code of ethics among civil and Peguam Syarie, and the adequacy of the penalties imposed on them. The main aim of the paper is to understand the misconduct, analyse the impacts of such misconducts to the lawyer’s profession and to their client and to examine whether the current procedures and penalties are adequate. In the findings, it was found that there are certain similarities on the effects of breach and type of penalties imposed on civil and syariah lawyers and they are quite adequate and reasonable.
format Book Chapter
author Mohamed, Duryana
author_facet Mohamed, Duryana
author_sort Mohamed, Duryana
title Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law
title_short Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law
title_full Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law
title_fullStr Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law
title_full_unstemmed Ethical standards among lawyers: towards harmonising shari'ah provisions, the Legal Profession Act 1976 and other rules of law
title_sort ethical standards among lawyers: towards harmonising shari'ah provisions, the legal profession act 1976 and other rules of law
publisher Harun M Hashim Law Centre, IIUM
publishDate 2023
url http://irep.iium.edu.my/106147/1/106147_Ethical%20standards%20among%20lawyers.pdf
http://irep.iium.edu.my/106147/
_version_ 1789424013577027584
score 13.211869

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