MAJALAH AL-HIKMAH EDISI 13-2024

AQIDAH IN DEFINING MUSLIM LAWYER’S RESPONSIBILITY TO THE COMMUNITY AND ACCOUNTABILITY FOR CLIENTS’ MONIES Dr. Norman Zakiyy Faculty of Syariah dan Law, Universiti Sains Islam Malaysia Alifah Hj Hamid Tamhidi Centre, Universiti Sains Islam Malaysia Introduction Aqidah is defined as the firm belief ( i’tiqaad ) that one’s heart is strongly connected to, and which is established in the heart without any uncertainty or doubt in it. Understanding the aqidah is so crucial in the life of a Muslim for it requires one to refer to the Holy Qur’an and the hadith as a guide in one’s daily life. In this connection, a Muslim lawyer firmly believes his life in this world is temporary and thus endeavors to become a pious Muslim to prove his faith in Allah SWT in the best possible way. In Malaysia, a practicing lawyer is known as an advocate and solicitor. An advocate and solicitor (referred to as a ‘lawyer’) bears social responsibility in protecting his or her client’s interests. Every Muslim lawyer is accountable for his or her own performance level, and this can never be shifted from one person to another. It is emphasized in the Holy Qur’an as follows: “Every person is accountable for what he earns, for no bearer of a burden bears the burden of another person.” (Al-An’am, 6:164). In furtherance to that, the Prophet of Islam PBUH in communicating to the unbelievers had said as follows, “I am accountable for my actions, and you are for yours; you are not accountable for what I do. Each of you is a shepherd and everyone is responsible for what he is the shepherd of.” [Sahih Bukhari and Muslim]. The instances where lawyers should demonstrate responsibility and accountability in their tasks are discussed below. The Lawyers’ Responsibility to the Community To live up to being responsible in carrying out one’s professional tasks, the lawyer should demonstrate seriousness in carrying out his professional tasks, in representing his client in a court of law. The Quran enjoins man to enjoin good and forbid evil. The Holy Qur’an states, “And let there be among thee a body of men who should embrace goodness and enjoin equity and avoid evil. And it is they who shall prosper.” (Al-Imran, 3:104) Similarly, another verse of the Holy Qur’an states as follows: “And generate not unrest in the earth after it has been set in order and call upon Him in terror and wish. Certainly, the Grace of Allah is near unto those who do right.” (Al-A’raf, 7:56) Fearing Allah’s wrath is a good sign for a Muslim for this indicates that he will avoid misdoings, and continually does virtuous acts which Allah 16