International Journal of Economy, Management and Social Sciences, 2(11) November 2013, Pages: 959-963

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International Journal of Economy, Management and Social Sciences

ISSN
2306-7276

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Moral Qualities and Characteristics of a Lawyer in Islam

Abouzar Ahmadi *1, Amir Kondori 2, Saeed Gohari 3, Mostafa Farzanjoo 4
1,2,3,4

Department of law, university of Zabol, iran.

AR TIC LE INF O

AB STR AC T

Keywords:

Defending the oppressed and fighting against injustice and oppression and violation to the rights of
others is a religious duty. Therefore, advocacy is a job which includes defending the truth and
justice and developing of judicial enforcement. The word lawyer is used 24 times in the Holy
Quran, of which fourteen cases, is used to describe the God. In respect for his name, which is one
of the names of God, the lawyer should show his moral competency and suitability to possess such
a position. In the local regulations of our country, there is no law or special charter regarding the
ethical commitments of lawyers, only dispersly some laws can be found like Clause 3, Article 6 of
obtaining license of advocacy law enacted in 1997, or article 39 of Bylaw of lawyers Independence
Act enacted in 1955, etc. so this article attempts to investigate one of the most important
characteristics of a lawyer i.e. having good moral traits from the viewpoint of Islam.

Islam
Advocacy
Ethics
Justice

2013 Int. j. econ. manag. soc. sci. All rights reserved for TI Journals.

Introduction
The history of advocacy begins with the date of justice administration beginning. The importance of the role which an attorney can play in
achieving justice and supporting freedom and basic human rights resulted in a number of advantages e. G. in the codification of important
International human rights instruments such as International Covenant on Civil and Political Rights1, the right to have an attorney in
Judicial investigations is recognized, even in some cases justice is obliged to take an attorney for the defendant or they should be
informed of having such a right. Like any other occupation, attorney has a deep and close connection with ethics and doubtlessly, the
importance of ethical qualification of an attorney is the same as his Academic and practical qualification. The term" attorney" is stated is
holy Quran 24 times of which 14 times is used to describe the Almighty God so an attorney should have the ethical merit in order to take
the representative position . These fields of discussions can be presented under the topics such as "legal ethics" or "professional legal
ethics" or "occupational responsibility". The importance of ethical commitments is to such an extent that important national and
international organizations codified and published regulations and charters that contain moral principles and rules. The codification of
ethical charters draws guidelines for attorneys and helps them to set specific standards for their professional behavior in the face of
dangerous situations. In the regulation of National Association of Attorneys, attempts have been made to codify and execute such
regulations and standards and in various countries, ethical charters and regulations are codified for the attorneys. By benefiting from Divine
teachings of Islam and having a great civilization, Iran must be pioneer at benchmarking, clarifying, and codifying ethical Statutes of
advocacy. But in the national regulations of our country, there is no specific rule or charter regarding ethical commitments. Only among the
existing provisions of the advocacy, some articles can be noted under which lawyers are obliged to adhere to certain moral rules.

The relationship between law and ethics

The relationship between law and ethics is one of the oldest and most important issues in the law philosophy. The relationship between law
and ethics is a mutual relationship and these social entities are complementary. The main motivation of intellectuals for the codification and
execution of law in the modern and ancient societies was and still is the elimination of human struggles and conflicts and the establishment
of a fair and peaceful life. This medicine is necessary and useful for the treatment of the avarices and disregards for the rights of humankind
but it has never been sufficient and it never will be. If this bitter medicine is not mixed with the sweetness of moral virtues, it won't please
anybody. The strictness and inflexibility of the law should be mixed with Softness and gentleness of Ethics in order to be attractive, as
pleasant ethical recommendations cannot solely compel everyone to respect others' rights. In other words, law and ethics are two valuable
forces that will be completed mutually and by executing both of them human society can taste the sweet taste of Prosperity and
Redemption. No society has ever achieved redemption without commitment to moral virtues. Also mere implementation of legal orders
cannot bring them redemption, as moral recommendations could not and still it cannot prevent oppressors to violate others' rights. Such an

- International Covenant on Civil and Political Rights 1966, Article14 (3)(d), UN. Doc. A/6316 (1966).

* Corresponding author.
Email address: ab.ahmadi@uoz.ac.ir

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analysis is accepted not only by religion-based legal systems but also these systems confirm it more to such an extent that a group of
authors consider law exactly the same ethics in these systems, including Iran's law and also they stated that in religious legal systems like
Islamic law , no separation between law and ethics can be found. Each legal norm is also an ethical norm. In fact, law and ethics in the legal
insight of this system are like two vessels that one blood is flowing through them.

The definition of ethics and professional ethics

The equivalent term of ethics in Persian i.e. (akhalgh) is the plural form of the term "kholgh" and "kholagh". In Arabic, this term refers to a
habit, nature, religion and humanism2 . Ragheb Isfahani considers this word as having the same root with the term "creation". Namely both
these terms mean creation. According to him if we want to describe the appearance of an individual the term (khalgh) is used but if we want
to describe his inner properties we should use (kholgh)3. Therefore, ethics defines as stable spiritual properties that reveal themselves
easily. Mola Mahdi Naraghi (God rest his soul) defines ethics as follows: It is the stabilized moral feature which is responsible for the
execution of the actions without any thoughts4. Professional ethics defines as a set of accepted reactions which is set by professional
organizations and societies in order to provide its members with the best Social relationships possible. These ethics include a set of value
commandments, behavioral tasks, and orders for their implementation. In this sense, Ethics is institutionalized as the Moral Charter and
professional conduct rules in any organization. Therefore, legal ethics defines rule by which a proper context is prepared for legal services
and legal occupations.

The Moral characteristics of lawyers in Islamic Perspective

Do's and Don'ts that a lawyer is obliged to observe them from the perspective of Islamic moral teachings are as follows:
1. Capabilities and academic power of the attorney
For human development and evolution, Tact and knowledge are of high importance and ignorance is one of the most important factors in
the annihilation and misguidance of human beings. Ignorance calamity is so great that divine prophets have sought refuge in God. Moses
the prophet (PBUH) said to God: "I seek refuge in god from being among the ignorant " 5. and The Prophet Noah (PBUH) said:" my Lord, I
seek refuge in you from asking that of which I have no knowledge"6. Therefore an important characteristic that the holy Quran states for a
lawyer, manager, etc. is their knowledge and capabilities. When the prophet of children of Israel, represents an unknown and poor man
called Saul for Commanding and leading the children of Israel in battle with the tyrant Goliath, he is faced with people's opposition. But the
prophet argues that he is chosen by god for his knowledge and capabilities. In the Prophetic Hadith, (peace be upon him) this is
emphasized: To do things pick and choose, virtuous, possessed of knowledge, manager, experienced and ... people"7 Thus, assigning
social and important affairs to a capable and competent man is a rational fact that people often do. For example, if someone wants to sew
clothes for himself or his family, he would find a skillful tailor who can sew him fine clothes. Therefore, the more is the academic
knowledge of attorney the better and more valuable services he will provide in order to solve people's problems in return to his honorarium.
2. Lawyers' arrogance and selfishness
In Persian, the term "arrogance" means to deceive8 . Arrogance is one of the worst Human traits which stems from ignorance. An arrogant
person is somebody who thinks he is righteousness in all his doings and his soul is content about carnalities. Therefore arrogance and pride
occurs when humans consider themselves greater and superior to others. Arrogance is sometimes attributed to the Satan in the holy
Quransince he is the most evil among arrogant people "But Satan does not promise them except delusion" 9 and sometimes it is attributed to
the "world" since it deceives humans" And the worldly life had deluded them"10 . The Prophet (peace be upon him) said: In the Day of
Judgment arrogant people are turned to gold and they are trodden by other people until their judgment is over11 . Although this obscene trait
is not particular for a specific group and all the humans are prone to be arrogant, some people are more prone due to different reasons. A
group of arrogant people are scientists and scholars in different fields who are deceived by their knowledge and skill while Knowledge is
not the criterion of superiority over others. Some people like lawyers who are provided with various means and benefit from special social
situation are more prone to be arrogant. That's why you can see some of the lawyers humiliate their clients, partners, people, etc. Therefore,
it is absolutely necessary for a lawyer to attempt to eradicate arrogance not only in his profession but also in all his actions and behaviors.
3. Sympathy
Muslim community is indebted to god since He has sent a Prophet of their own people to lead them. The holy Quran considers the prophet's
sympathy one of his unique traits" there has certainly come to you a messenger from among yourselves. Grievous to him is what you suffer;

- Ibn Manzur al-Andalusi, Lesan Al Arab, Beirut, Daralfekr, 1410 AH Volume 1, Page 86
- Rageb Esfahani, Maajam Mofradat Alfaz Quran, Ali Marashi Reasearch, Qom, Almaktabah Almortazaviah, no date, page 259
- Mohammad Mahdi Naraghi, Jame Alsadat, Qom, Ismaeelian, no date, Vol1, page 22
5
-. Al- Baqara , verse 67
6
- Hood, verse 47
7
- Nahjul Balagha, Letter 53
8
- Louis Malouf , Almonjad fi loghat , ghor article
9
- Al-Israa, verse 64
10
-. Al-An'aam, verse 130
11
- Alkoleini, Alkafi, vol 2, page 311
3
4

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Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 2(11) November 2013

[he is] concerned over you [i. E. your guidance] and to the believers is kind and merciful " 12. Therefore, another trait that is effective for a
lawyer is his sympathy which also results in a better problem-solving process for the people.
4. Tolerance and fair speech
Having tolerance and fair speech plays an important role in the people's success and in turn, is a unique trait which few people possess this
grace of god: When the Prophet Moses (PBUH) was sent as a prophet, his first petition from the Lord was a fair speech and tolerance:"
Moses said "my lord, expand [i.e. relax] for me my breast [with assurance] and ease for me my task and untie the knot from my tongue that
they may understand my speech"13. Prophet Moses (PBUH) asked the lord to give him tolerance, fair speech, and good expression so that
the nation may understand him. Undoubtedly, as it was mentioned tolerance, fair speech, and good expression are very effective in
understanding and reaching agreements. It also provides a proper background for the transfer of the contents. Lawyers' speech must also be
good, beautiful, and worthy of him. Not only is it one of the keys to success in his lawsuits, but also vulgar and slang speech is beneath his
dignity.
5. Lawyer's secrecy and confidentiality
Disclosure literally means to expose and reveal secrets or something 14 . And in terms of ethics, it is an act which leads to the disclosure of
the secret15. Confidentiality is not only one of the traits of true believers, but also every personable human should be confidential. In the
first verses of The Prohibition surah it is stated how the Lord blamed some of the prophet's wives for the disclosure of secrets. In Islamic
Hadiths various expressions can be seen regarding divulging secrets and deciphering so that secrets are considered as a trust fund and their
disclosure is a breach of trust. In this regard Imam Ali (PBUH) says : All the goodness in this world and the hereafter are gathered in two
things: keeping the secrets and forming friendships with good men and All the evil in this world and the hereafter are gathered in two things
divulging secrets and forming friendship with evil men. Therefore, keeping secrets and confidentiality of the client and his information
which are exchanged in the relationship between attorney and client is one of the most important ethical obligations of lawyers. This is of
high importance to a degree that the legislator has considered a fifth degree disciplinary violation in accordance with paragraph 2 of Article
81 of the Executive Regulation of the independence bill of the Bar Association approved at1955. Commitment to keeping secrets causes the
clients not to worry about the disclosure of his information to others without his permission which again causes the client to retell all the
aspects of the case honestly and provide a proper background for the attorney's better service.
6. Lawyers abstain from bribes and bribery
Bribery literally means "part" and figuratively means to do something that is illegal for someone who covets a position in an office. In
Jurisprudential terms, it is a sum of money paid to the judge by one of the sides to sentence or to take assistance and in religious terms it is
something that is given to somebody wrongly16. In the divine teachings, bribery is strictly prohibited and bribe is unlawful and bribery is
heresy to God. Bribery is one of important corruptions that lawyers should strictly avoid it. Bribes can have four forms:
1.
2.
3.
4.

Giving something to judge it order to make him obedient that it is forbidden to both.
Giving something to the judge to sentence in his favor, this is prohibited for the both sides whether the decision is right or wrong.
Giving something to someone for the fear of losing life or property which is not unlawful for the bribe-giver but it is unlawful for
the bribe-taker.
Giving something to someone in order to finish a particular matter which is not unlawful for the bribe-giver but it is unlawful for
the bribe-taker. If it is done to attract love and friendship because it does not apply to bribes, it will not be unlawful. So, thetruth
of bribery is to give a property to an unworthy person which would not make him its owner. Repentance of bribery is to return the
property to its owner. Of course, the nature of bribery is not limited to finances and exterior matters and sometimes redundant
titles and unnecessary respect is considered as bribery17. Therefore, while a lawyer must observe maximum politeness towards
the judges and judicial authorities he should prevent unnecessary modesty and excessive humbleness which may be interpreted as
flattery and cajolery. So lawyers should attempt to prevent from this corruption in order not to turn the court of justice to a
fortress of corruption and robbery.

7. Lawyers honesty
One of the admirable traits in Islam is honesty. It was so that there was no falseness in our great prophets (PBUH) speech and behavior.
Imam Sadegh (PUH) has stated:" Allah has set some locks over the evil doers, so that the key for the locks is wine. Be aware that lying is
something beyond wine. Attorneys should be honest and falseness is not in agreement to their social status. For example if an attorney
does not inform the client that his lawsuit is not truly progressing or as another example if he promises the client about his definitesuccess
or his inevitable acquittance in lawsuits, he is performing such an evil deed. It is explicitly mentioned in the Article 45 of Attorney Law
that: lawyers are required to inform their clients about their lack of progress in legal and criminal cases especially in criminal lawsuits and
Forgery and insolvency lawsuits before setting the honorarium. Also according to article 39 of the Regulations Act of the lawyers legal
independence approved in 1955, lawyer swear to god that : they have no intention but justice and Adjudication and they should not say or
12

- At-Tawbaa, verse 128

- Taahaa, verse 25
14
- Manjad Altolab, translated by Mohammad Ahmad Rigi, Islamic publications, Tehran, 12th edition, 1996
15
- Seied Abdoulah Shabr, Akhlagh Shabr, translated by Mohammad Reza Jabaran, Hijrat publications, 3rd edition, 1999
16
- Fioomi, Almisbah Almonir, bribery article, page 228
17
- Ayatollah Javadi Amoli, Adab Ghaza dar islam, page 221
13

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do something contrary to the dignity of judgment and advocacy .. and they should defend the right and they should always move to
justice and righteousness.
8- Appearance adornment and suitable outfit in agreement to the Attorney's profession.
Instinctively, humankind is eager to cleanness, beauty, and adornment. Quran has invited people to adornment and wearing ornaments
while entering to the mosques: O children of Adam, take your adornment [i. E., wear your clothing] at every mosque18. Similarly, the great
leaders of Islam have claimed some valuable advices to their followers. Imam Ali (PBUH) has stated that:" Adorn yourself for your Muslim
brothers exactly as you do so for a stranger whom you like him to see you in your best appearance."19 Islamic teaching has given various
recommendations on adornment but in such a brief paper they cannot be narrated including wearing clean and tidy clothes, combing and
cleaning hair and mustache, keeping our body cleaned. It shows that Islam paid considerable attention to cleanness and appearance. Thus,
wearing suitable adornment in agreement to its professional status and wearing uniform outfits may set positive image of the attorney on
people's mind. Article 66-70 of Attorney Regulationsenactedat1937, was required the Attorneys to wear special outfits in courts in which
the Judge wears uniform outfits. Such laws show the former legislators attention to uniformity and adornment. Accordingly, not only
Attorney's adornment is of great importance but also is its proper position; so that it can be said that Attorney's office is of the same
important as the court. When a client enters an office and confronts with an official arrangement of chairs and desks, placement of legal
books and files on special locations, and an admirable style in the arrangement of the furniture inside the office, he may conclude that the
attorney is self-disciplined. Especially, cleanliness of the office can put a peculiar image on clients' minds.
9. Lawyers Avoidance of deception and cunning
One of important factors to achieve perfection is explicit speech and honest behavior. Deceiving is an attempt to covering a corruption and
reveals something else rather than whatever it really is. The prophet of Islam (PBUH) has said: deceivers never belong to Muslims20 Ali,
the commander of Muslims has written a letter for Malek, the son of Ashtar, and he stated there:" o' Malek, keep away flattering
Encomiasts and cunnings 21 " As the concept of deceiving and acuteness are extremely similar to each other, unfortunately some people
misunderstand the two concepts and think that deceiving is a kind of acuteness. Attorneys should avoid such misunderstandings, and know
that one of the devil's tricks is that he invites you to use any tool for creature's satisfaction rather than God's satisfaction. One of the great
corruptions of such a thing is deceiving and such corruption shall not be avoided except by purely worshiping God. Because one who is
doing so i. E. a believer, is not in need of deceiving people, rather, he uses his acuteness, intelligence, and percipience along with his inner
purity in order to solve problems.
10. Lawyers abstain from secularity
One of the worst effects in the corruption and deviation of human beings is sticking to secular commodities and funds. In Islamic teachings,
any kind of earning that results in corruption and separation from God is forbidden. Attorneys have special potentials for earning money, so
many precipices are laid ahead of them, and some problems are threatening them. Earning false money is a general problem but sometimes
according to the professional status, it becomes specific and distinct. Both of them are mentioned in Narrations and Quran verses. God
addresses the believers about forbidden earnings: "O you who have believed, do not consume one anothers wealth unjustly but only [in
lawful] business by mutual consent. 22 or generally has states: "Indeed, those who devour the property of orphans unjustly are only
consuming into their bellies fire. And they will be burned in a Blaze. [i. E., Hellfire]23 The addressees in such general verses are all of the
believers but some narrations and verses addresses some special groups that are open to such a great corruption.
11. Attorney's trusteeship:
Trusteeship and promise keeping are of the most salient features of the prophet of Islam ( PBUH) and he had been known for such traits
before he was sent as prophet. Ghoraysh tribe were calling him:" the trustee Mohammad", before he received revelation. Introducing
himself, he has stated:" certainly, I am the trustee in the heavens (skies) and in the earth."24 In Imam Ali's (PBUH) point of view the worst
betrayal is betrayal to the nation and not being trustee. He also in a beautiful narration has said:" the most important part of Islam is
trusteeship, also the best aspect of faith is trusteeship". On the basis of the above mentioned points, attorneys should try their best to keep
their promises and be a trustee so that people know him as such.
12- Attorney's occupational self-discipline.
Discipline literally means adornment, inaugurate, arrangement, etc. The universe is based on disciplinary and everything is in order. It is
stated in Quran that Indeed, all things We created with pre-destination. "25 The commander of Muslims (PUH) has written in a letter to
Malek the son of Ashtar that: "beware of the hurry in things that have not reached their time, or sluggishness in actions that their possibility
to do them is provided, or obstinacy in the matters that are uncertain or sluggishness in things that are clear, do everything in its place and

18

- Al Aaraf, verse 31
- Al Koleini, Alkafi, vol 2, page 337
20
-. Nahjul Balagha, letter 53, paragraph 34
21
- Al Nisa, verse 29
22
-. Al Nisa, verse 10
23
- Rei Shahri, Mizan Al hekama, vol 13, The wordtrustee
24
- Amadi, Ghorar Al Hekam, Narration 5261
25
-. Safi Puri, MOntahi Al Arab, the word discipline
19

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its time26" thus having occupational disciplinary means avoidance of laziness Disciplinary and arrangement are the most mentioned
moralities in Islam. Accordingly Attorneys are required to preserve their discipline. For example one of their tasks is that they should be
present in their office in time. If a client fails to see the attorney during the time he ought to be present or confronts with unexpected work
stoppage, the client considers the attorney as a person who is not disciplined and if it happens again and again, the client would lose his
confidence in the attorney. Therefore, Making appointments for clients, and keeping the order while seeing them in the office, also proper
answering to the phone calls and being punctual in delivering suits and documents are all signs of proficiency and discipline and cause
everybody to be confident in attorney.
13. Observing courtesy and respect by Lawyers
Respectability is the highest treasure for human beings but for a professional attorney is an upper hand in interacting with others. In his
profession, he may face with some disrespects, which are because of wrong nurtures, especially the judge may interact in a somber mood
that is because of the mental pressures, exhaustion, or it may be because of the reason that some judges are short-tempered. The attorney
should stand such temporally bad manners and through Islamic moralities he should respectfully interact with the judge in order to defend
his client's rights. Therefore, the client firstly by trusting in God and then by expecting attorney to patiently interact with the judge expects
an interaction between them that does not result in corruptions of disrespects which may have negative impacts on his case. If the attorney
is supposed to request something from the judge privately while his manners are inappropriate, it certainly will be denied. Accordingly
being a justice attorney, he should try to keep his patience and respectability to protect his client's rights.

Results
This profession is under precise gaze of the people of society and their consciences and the actions of every and each attorney influences
people's vision of such an important profession. So in addition to knowledge and proficiency, "Virtue and Morality" are important tools to
meet the justice. However we can rarely develop a general prescription for mortalities and ethics to induce one's moral duty indifferent
situations, but the fact is that for such issue we should put the judging on the shoulder of the conscience and nature of the humankind. It is
the major feature and the distinction between moral inputs and legal regulations. The cause of some of immortalities which are done by
attorneys is not their ill will; rather, it is because of the fact that some attorneys are not aware of the immortal nature of their doings. Thus,
to improve the position of professional responsibility of attorneys, these suggestions should be considered:
1.

2.
1.
3.
4.

26

Specifying moral principles and teaching them through practical training courses by the ethics professors along with a control
over the behavior of attorney's society. This suggestion is on the basis this Socratic principle:" If mankind possesses the
knowledge, he never goes away
Teaching two courses at the law faculties under the title of: Islamic moral necessities for attorneys".
3.Standardization and regularization of moral principles of attorneys according to the teachings of faith of Islam under the form
of Lawyers Islamic ethical charter
Holding educational and retraining sessions of newly found knowledge and practical experiences by attorney clubs for
experienced attorneys.
Establishing and activating commissions of professional moralities in attorneys clubs.

- Nahjul Balagha, Letter 53