Legal Views on The Advocating Profession in Terms of Islamic Law and Positive Law

Abstract

This research explores the legal view of the advocate profession in the context of Islamic law and positive law, with a focus on the role, function and moral principles that govern this profession in both legal systems. Positive law, as represented by Law no. 18 of 2003 concerning Advocates in Indonesia, recognizes advocates as an integral part of the law enforcement system, side by side with judges and the police, with the main task of maintaining justice and the integrity of the legal process. Meanwhile, in Islamic law, the concept of wakalah describes advocates (al-deputy) who have a similar role in representing and defending individual rights in court, with a strong emphasis on the principles of justice, trust and moral integrity in accordance with Islamic teachings. This research identified that, although there are differences in the legal approach and focus of each system, both legal systems both require advocates to uphold high ethical standards and maintain professional integrity. Islamic law adds an additional dimension to moral and ethical regulation, demonstrating the necessity for advocates to follow religious teachings in all aspects of their legal practice. This study confirms that in both legal systems, the advocate profession is considered a pillar of justice, integrity and morality, with great responsibility in realizing fair law and justice for all parties.