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

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

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Abstract

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.

Item Type:	Book Chapter
Uncontrolled Keywords:	Ethics, lawyers, misconduct, penalties, shariah
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Dr Duryana Mohamed
Date Deposited:	11 Sep 2023 16:47
Last Modified:	10 Jan 2024 19:14
URI:	http://irep.iium.edu.my/id/eprint/106147

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