A Comparative Study of the Lawyer's Contract with Himself in the Jurisprudence of the Five Islamic Schools of Thought

Abstract

The financial and non-financial contract between the lawyer and himself has become a breeding ground for the various viewpoints of Imamiyyah, Hanafi, Maliki, Shafi'i and Hanbali jurists. This article, with descriptive-analytical method and collection of library materials, considers the opinion of jurists in the phrase "dependency of the validity and influence of the lawyer's financial contract with himself during the client's permission" to be approximate and reconcilable. As the jurisprudential theories depend on the validity and influence of the lawyer's non-financial contract with himself "about marriage with express permission or with explicit evidence" and "in the matter of adoption and custody (as well as surrogacy and borrowing based on the assumption of legitimacy) subject to absolute permission", it is symmetrical and consistent but this writing, in the financial contract, especially from a practical and objective point of view, due to the economic and social importance of the transactions, the observance of jurisprudence rules in emphasizing the interest of the client and a kind of rule on the preference of the lawyer's interest in the conflict of interests, considers "conventional permission beyond the application of attorney" as necessary when it is possible to use a lawyer, and of course, such an opinion is not without support in jurisprudence