i love it so much that it merits its own post

Bukan berdosa ke kalau lawyer defend orang yang dia tau memang bersalah?

The graduating law students of Centre for Foundation Studies were required to attend a talk organised by the Law Department. We were joyous, as it would mean that we will have to miss our morning classes. (I wasn't, because I still had to go to class for a short while)

I expected drowsiness, sleepiness, yawns of the most ugly kind. I expected a struggle to stay awake and pay attention, of which I would not win. I was wrong. There wasn't a struggle, not even a little. 

"Trial by Media: The Rights of an Accused Person to a Fair Trial"

by Awang Armadajaya Bin Awang Mahmud.

Dear law students of Malaysia (or any country), did you have the question (above) posed to you countless times? Were you able to answer?

Students of other courses, did you ever wonder this? Were you guilty of thinking that lawyers are all unethical?

"Lawyer ni memang paling banyak dosa."

Ya, itu memberi impak yang lebih besar bukan.

Tapi itu yang selalu orang kata. Orang bincang. Law students bear the burden of this accusation, without knowing how to defend themselves.

Let's take the example of a man, charged for the murder of his daughter. There were evidence to prosecute him. The case goes to court, and people doubt the integrity of the defence lawyer. Why would he speak on the behalf of a man who is known to have committed that very crime?

Semua benda yang kita lakukan, ada niat. That intention matters. In law, there are murder (killing with intention) and manslaughter (killing without intention). There is also causing death by acting in a reckless or negligent manner. In Qisas, a branch of Syariah criminal law, the degrees of murder can be divided into three (or four, I am not so well-informed) categories. Killing with intention, killing with half an intention (intended the act but not the consequences), and killing without intention. The punishments or sentences for all these convictions vary, some harsher than others. Would you think that it is fair to sentence that man for the murder of his daughter, when it was an accident? What if he slipped while holding a knife, and stabbed her by accident when he fell? 

Would you want to be that man, condemned by everyone and unable to relate his side of the story, when it would make all the difference? What if he was not certified and has no idea how to represent himself in court?

The defence lawyer will speak for him. The lawyer will put forth his side of the story in a way that is in line with court procedure, so that it would be accepted and considered by the judge. 

Let's say that the man fully intended to stab his daughter, and for her to die. What if he was insane? What if he was sleepwalking?

Prophet Muhammad SAW in a hadis:

"Released from criminal responsibility people of 3 categories; children until puberty, the sleeping until they are awake, and the insane until they are cured."

Would it be fair if no one stood up in court and proved that the man was insane, that he could not differentiate  the right from the wrong?

Law-related professions come under scrutiny more than any other profession. True or false? Law students are looked upon as future corrupted professionals, consumed by greed. TRUE OR FALSE?

Sedih tahu? The prejudice is overwhelming, brings us down, and makes us question our education. Should we change courses? There's a verse in the Holy Qur'an that states that when a judge has exerted all means to judge in justice, and is correct, he gets two rewards. If he has tried his best to judge justly, but is wrong, he will get one reward. InsyaAllah. I don't remember the exact surah and ayah, but will definitely post it up when I do. After all, what is an opinion if not backed by authorities right? And the best of authorities are the Holy Qur'an and Sunnah. :-)

As parting words, I would like to say that people make choices, right and wrong regardless. Anyone can make mistakes, regardless of profession. Anyone could accidentally kill another. Nauzubillah min zalik. But accidents happen. Not everyone who opt to graduate with a civil degree are unethical and less trustworthy than the ones in Syariah law stream. Each to his own.

 

Thank you for taking the time to read a heartfelt and andrenaline-fueled (from the talk) opinion. And thank you for understanding. Asalamualaikum.