مهنة المحاماة في دولة المالديف دراسة تقويمية في ضوء الفقه الإسلامي /
This research is an evaluation of the profession of advocacy in the Maldives with reference to Islamic fiqh. In this regard, the researcher compares the profession of advocacy as endorsed in the Maldivian Laws with that in Islamic fiqh. In the second chapter of the study, the researcher defines the...
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| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
al-Jami'ah al-Islamiyah al-'Alamiyah bi Maliziya,
2008
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/9277 |
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| Summary: | This research is an evaluation of the profession of advocacy in the Maldives with
reference to Islamic fiqh. In this regard, the researcher compares the profession of
advocacy as endorsed in the Maldivian Laws with that in Islamic fiqh. In the second
chapter of the study, the researcher defines the profession of advocacy and offers a
brief history of the subject. As explained in this chapter, the profession of advocacy is
not a new concept. In fact, it was even practiced in ancient times. In Islam, it is called
al-wakÉlah bil-kÍuÎËmah. There are similarities and differences between the
profession of advocacy in Islam and other manmade systems of law. Although
permissible, it has created some dispute among Islamic scholars; the researcher
presents his stand on the case after investigating the verdicts available on both sides.
The research also discusses and evaluates the compensation of lawyers in the
Maldives pertaining to Islamic fiqh. Among other things, the researcher further
discusses the pillars and conditions of the profession of advocacy in both Maldivian
Law and Islamic fiqh. The moral obligations and conducts, rights and responsibility of
lawyers in Maldivian Law, along with how a profession of advocacy contract is
formed and concluded are also discussed and evaluated in terms of fiqh. The
researcher notes the required legal judgments while advocating in the Maldives and
evaluates the practice using fiqh teachings. This evaluation is done by comparing the
fiqh standards for the profession of advocacy. The research methodology used is
mainly description and discussion based on comparison. The researcher has brought
forth the views of the different schools of fiqh on the subject matter — the profession
of advocacy. Additional discussions and details are included along with the
researcher’s view on issues related to the subject. Finally, an overall evaluation of the
way the profession of advocacy is carried out in the Maldives and the laws stipulating
the matter are put forward in the light of fiqh.
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| Item Description: | Abstracts in English and Arabic. "Bahth takmili li-nayl darjat al-majistir fi al-Fiqh wa Usul al-Fiqh."--On t.p. |
| Physical Description: | ل، 117 leaves ; 30cm. |
| Bibliography: | Includes bibliogaphical references (leaves 104-117). |