Among the existing religions which came into being with the human race, divine or non-divine, the religion Islam enjoys the supremacy that it ranges all aspects of human life comprehensively by providing perfect laws.
Advocacy is that aspect of human life the need of which, man excessively feels due to his engagements, disease, journey and humility. Keeping in view this question, advocacy is considered a profession of paramount importance and honor.
Islam offers a complete code for mankind based on this requirement. Whereas, in Europe this system set going in 18th century A.D. Advocacy system of Islam is extensively wide, which except a few exception (Believes, Corporal prayers, Zihar, Lian lela, Evidence, Swear, and Plunder etc.) dominating all aspects of life (Enmities and penal, Buying and Selling Family system, Worships, and Civil matters). Furthermore, detailed dictates are available for overcoming all aspects of advocacy, while modern concept of advocacy is limited to punishment and commercial transactions. If it is to be said that modern concept of advocacy is practical shape of two sides of Islamic systems of advocacy, them it will not be improper. As such following subjects can be discussed in this thesis for stream lining to anaylitical approach.
In that topic, in which following subjects are included in particular.
Advocacy system of Islam;
Modern concept of advocacy;
Demerits of present system of Advocacy;
Characteristics of Islamic system of advocacy;
The proposal to bring the present system close to the advocacy in Islam.
To bring close the modern Advocacy and the Islamic system of Advocacy;
To bring Advocacy in practice based on Islamic principles.
Helpful to deserver in achieving their rights;
For criminal in inflicting punishment;
Prompt decision of cases;
Getting rid of unnecessary enlargement and delaying of cases;
To decrease crimes in Islamic society.
Keeping in view the requirements are and advantages.
“An Analytical Study of Advocacy in Islam”
The topic calls for the need of research at Ph.D level. The research made on this topic can be helpful in Pakistan for establishment of Islamic system of Justice. And in Paksitan Society in addition to penal buying and selling advocacy can bring practical change in other sphere and aspects of life in accordiance with Islamic rules.
This thesis has been arranged in seven chapters in accordance with the research.
CHAPTER – 1
CHAPTER – 2
CHAPTER – 3
CHAPTER – 4
CHAPTER – 5
This chapter is about the exceptions of advocacy. It consists of the six sections. First section contains believes and faith. The second describes the exceptions of worships (corporal). In the third section are discussed exceptions dealings or affairs (booty, oath, qisaamat, evidence).Fourth section relates to exceptions of matters of marriage (lian, ila, zihar, rajaat, razaat). The fifth section is about exceptions of Jinayai-u-aqoobat (life-e-qiasas wal had and Isbat-e-Had (Shurb-e-Khamar and zina). In the sixth section exceptions of prohibited affairs and premissibl goods are explained.
CHAPTER – 6
This chapter deals with rights of the advocate. It consists of the four sections. Section one discusses the fright of the advocate and appointment of another lawyer by the advocate. In the second section the role of the advocate has been highlighted in case of nomination of two advocates by the client, or nomination one advocate by two or more than two client. Third section deals with the differences between the client and the advocate. The fourth and last section is about the forms and reasons of dissolution of advocacy.
Advocacy in the modern age, conclusions and suggestions have been discussed in this chapter, which has six sections. Section one contains the history, forms, duties and powers of the advocate in civil and criminal cases. Section second discusses the role of advocate/agent in buying and selling matters. In the third section a comparative study of Islamic concept of advocacy and the modern concept of advocacy has been made. The fourth section discusses the role of the advocate in the prevalent judicial system. Section five deals with the Islamic principles of advocacy. Section six deals with the conclusions derived from the research and suggestions about how to benefits from the research and how to create harmony between the Islamic and modern system of advocacy.
Last but not the least I pray to almighty Allah to bless this the humble efforts of mine which is academic and research oriented.