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Fahimi M I. Legitimacy, rulings, and jurisprudential conditions of a defense attorney (a lawyer in hostilities). SRQJL 2024; 1 (2) :83-108
URL: http://srqjl.knu.edu.af/article-1-33-en.html

Today, the litigant's right to a defense lawyer and even the requirement to have a lawyer in all stages of litigation and legal-criminal proceedings is considered one of the fair standards in dealing with disputes; In such a way that its absence impairs any judgment and proceedings. One of the most important problems in judicial proceedings is the lack of a defense lawyer, which makes any arbitration uncertain and questions the application and implementation of justice. Therefore, in the present era, the "profession of defense attorney" has expanded and become more important, and people are trained for this purpose in scientific centers and universities. This is an inevitable necessity in all judicial systems, including the Islamic judicial system. Today's defense attorney has been common in the history of the Islamic judicial system since the beginning of Islam and the age of the Prophet (peace be upon him) and no one can deny it. The existence of some differences in the conditions and rulings of the defense attorney has caused a pessimistic view of this profession, which has caused some people to favor and vote for the sanctity of such a profession. This rare jurisprudential opinion has had negative consequences, including creating restrictions on the legal profession and the activities of defense lawyers. In the following article, the invalidity and weakness of the above-mentioned theory have been shown by using history, evidence, and jurisprudential sources.