POWER OF ATTORNEY IN LITIGATION AND THE RULE OF LAWYER'S WORK

Abstract

The procuration in litigation is considered of a great importance in Islam and one of the most crucial issues dealt with in Islam due to its valuable importance in organizing the Islamic society and its role in achieving the justice and protecting the rights. The Islamic  Law has been interested in scrutinizing its different areas and establishing its pillars in the way it guarantees the  important  regulations governing this work and its branches that stem from it. this research has answered the controversial issue of the Islamic Judgement  as well as the lawyer's work and the guidelines for his work.  The importance of this research  stems from the concentration on highlighting the interest  of the Islamic law in the procuration in litigation in achieving justice and protecting the rights. Even though the Islamic law has not used the modern etymologies of this issue but it has shed lights on it from the very beginning of establishing the Islamic nation. This research is also a deep scrutiny and diagnosis of the the criticism of the behaviour of some courts abiding by the the religious reference to the matter. As it is a statement of the depth of the relationship of this subject with the daily life work and what is provided by the books of Islamic jurisprudence in the multiplicity of its chapters, which dealt with the  procuration in general, and the procuration litigation in particular and the talks about the conditions when achieved, will define the work of the mandatary by litigation and his wages paid for this work is permissible by law abiding by  the four school of thoughts as a reference from which to inspire from their golden sayings in these matters and in some times outweighing one saying over another if the combination between the two thoughts seems impossible or one scholar has a stronger evidence than the others in my deep scrutiny of the matter. this research has come to an evidence that procuration in litigation is permissible in the Islamic religion  even if the opponent does not accept and shedding light what the lawyer should take into consideration while doing that to keep his job pure from any illegal transgressions of the Islamic Laws and concepts.