Legal Ethics Research Articles

Human Trafficking and the Relevance of Hifz al-nafs and Hifz al-’ird in Contemporary Islamic Legal Ethics

Human trafficking is a profound moral crisis in today’s world, threatening human dignity and fundamental rights on a wide scale. This study explores the issue through the lens of Islamic legal ethics, focusing on the reinterpretation of hifz al-nafs (protection of life) and hifz al-’ird (protection of honor) within the framework of Maqasid al-shari’ah (the higher objectives of Islamic law). Using a normative-critical approach and drawing from both classical and contemporary sources, the research rethinks these two core principles to better respond to the complex realities of human trafficking, which often involves violence, exploitation, and human rights violations. The findings show that hifz al-nafs should not be limited to physical safety but must include psychological, social, and emotional well-being. Similarly, hifz al-’ird must go beyond the narrow notion of personal honor to protect human dignity, moral integrity, and the right to freedom from abuse. The study argues that classical Islamic legal thought needs to be revisited and updated to meet the moral and legal challenges posed by human trafficking today—by incorporating principles of justice, compassion, and human rights. This research makes an academic contribution by re-conceptualizing Maqasid al-shari’ah, especially in hifz al-nafs and hifz al-’ird, enriching the discourse on Islamic legal ethics in addressing modern social issues. It also provides a stronger theoretical basis for contemporary fiqh reform and encourages critical engagement between traditional Islamic texts and today’s ethical realities. Ultimately, this study offers a valuable reference for developing more humane, responsive, and justice-oriented Islamic legal frameworks to protect victims of human trafficking.

DESCRIPTION OF ISSUES RELATED TO INTERNATIONAL RELATIONS IN THE WORKS OF IMAM AL-SARAKHSI

This article provides a comprehensive analysis of the scholarly contributions of Imam Shams al-A’imma al-Sarakhsi (d. 1090) to the discipline of Islamic international law (siyar). Focusing primarily on his renowned commentary Sharh al-Siyar al-Kabir, the paper explores how al-Sarakhsi elaborated on the foundational legal principles laid down by earlier Hanafi scholars such as Abu Hanifa, Abu Yusuf, and especially Muhammad al-Shaybani. The study delves into al-Sarakhsi’s treatment of international relations, including the conduct of war (jihad), the terms of peace treaties, the legal status of non-Muslim citizens (dhimmis), the role of envoys and diplomacy, and the ethical constraints on warfare and treatment of prisoners. The article also addresses the historical significance of Sharh al-Siyar al-Kabir as one of the most detailed and structured works in the field of siyar, and evaluates its influence on both classical Islamic jurisprudence and contemporary comparative legal thought. Special attention is given to how modern scholars, such as Najib Armanazi and Khalid Ramadan Bashir, have assessed the relevance of al-Sarakhsi’s jurisprudence in the context of international legal theory. Furthermore, the article draws parallels between al-Sarakhsi’s legal reasoning and that of Western thinkers like Hugo Grotius and Thomas Aquinas, demonstrating that many legal norms found in modern international law were already articulated in classical Islamic legal texts. Through textual analysis and historical contextualization, this study establishes Imam al-Sarakhsi’s pivotal role in shaping Islamic perspectives on international relations and underscores the enduring relevance of his thought for current debates in legal ethics and the laws of war and peace.

Between Worship and Bribery: Charity in the Shadow of Electoral Politics

This article examines the blurred boundary between genuine ṣadaqah (charitable giving) and covert vote-buying during Indonesia’s 2024 general elections, offering an Islamic legal analysis grounded in the concepts of niyyah (intention), ikhlāṣ (sincerity), riyāʾ (ostentation), and evidentiary principles such as qarīnah (contextual indicators). While political actors often disguise electoral incentives as acts of worship, Islamic jurisprudence provides a normative framework to distinguish between sincere charity and manipulative political strategy. The study adopts a normative-juridical approach, combining descriptive-qualitative analysis with both classical Islamic sources, such as the Qur’an, Hadith, fiqh, and tafsir, and contemporary legal regulations, particularly Law No. 7 of 2017 concerning Elections. Data were collected through library research and analysed thematically using Islamic legal reasoning, legal maxims, and selected case illustrations from the 2024 elections. This methodological framework enables a nuanced interpretation of intention in Islamic law—not based on verbal confession but inferred through circumstantial and behavioural indicators. The main contribution of this research lies in its articulation of an evidentiary model rooted in Islamic jurisprudence (fiqh)—a structured framework for evaluating the ethical and legal status of charitable acts in politicised contexts based on indicators recognised in Islamic legal thought. This model equips scholars, regulators, and the public with the tools to detect and assess electoral misconduct disguised as religious virtue. This study presents a clear novelty in the form of a matrix of legal indicators—derived from Islamic legal ethics—as an original analytical tool to objectively evaluate political intent in charitable acts during elections. By integrating classical Islamic thought with contemporary electoral challenges, this article contributes a unique perspective to Islamic legal studies and democratic governance, laying the groundwork for a reformed jurisprudential approach to political ethics in Muslim-majority societies.

Addressing the ethical and legal crossroads: the impact of ChatGPT on the legal profession

ABSTRACT The integration of generative Artificial Intelligence (AI), particularly ChatGPT, into legal practice is reshaping how legal services are delivered, researched, and consumed. While these technologies offer new efficiencies, they also raise profound ethical and legal challenges that the profession is only beginning to confront. This article critically examines the implications of ChatGPT’s use within the legal field, focusing on issues such as unauthorised practice of law, algorithmic bias, data privacy, and professional responsibility. Drawing on emerging regulatory responses in the United Kingdom, European Union, and the United States, it explores the extent to which existing legal frameworks can accommodate the unique risks posed by AI. The discussion also considers the evolving role of legal practitioners and educators in ensuring that technological advancement does not undermine core principles of justice, accountability, and public trust. In doing so, the article calls for a recalibration of legal ethics and governance to meet the demands of a rapidly digitising profession.

Legal Ethics for Crown Attorneys on Appeal

While there is extensive legal literature and case law addressing the role and ethical responsibilities of Crown attorneys, questions about that role and those responsibilities at the appellate stage are largely absent from the literature and somewhat scattered across the case law. In this article, the authors seek to address this gap by answering four key questions. The first is whether the ethical obligations of the Crown, as expressed in R. v. Boucher, apply at the appellate stage. Against the backdrop of this first question, the authors discuss when an appellate Crown may bring an appeal from an acquittal or from a sentence, when an appellate Crown may make concessions or abandon an appeal, and when an appellate Crown may take a different position than the Crown attorney at trial or upon sentence. The answers to these questions are important, though not especially surprising. The authors argue that both Boucher and prosecutorial discretion require appellate Crowns to resolutely — but fairly — seek justice on appeal, as at trial, even when this means taking a different position than the trial Crown or conceding an error by the trial Crown or the trial judge.

Emerging Technologies and their Impact on Legal Communication

The legal profession is undergoing a profound transformation driven by emerging technologies such as artificial intelligence, blockchain, cloud computing, and virtual/augmented reality. These innovations are reshaping traditional modes of legal communication between attorneys, clients, and institutions, challenging the profession to adapt while upholding core ethical principles. This paper examines the evolving landscape of legal communication in light of technological change, examining how these tools influence ethical responsibilities such as confidentiality, competence, and informed consent. It highlights regulatory updates, such as changes to the ABA Model Rules of Professional Conduct, and assesses how these reforms interact with new communication tools. By identifying both the opportunities and ethical pitfalls presented by these technologies, the study proposes a preliminary framework to help legal practitioners balance innovation with compliance and professionalism. Ultimately, the integration of technology must be approached with deliberate safeguards to ensure the integrity of attorney-client interactions and the preservation of public trust in the legal system. Keywords: Legal communication, Emerging technologies, Attorney-client privilege, Legal ethics, Artificial intelligence in law, Blockchain and smart contracts.

The Rise of Legal Influencers: Communication Strategies on Social Media

The intersection of law and social media has given rise to a new category of content creators legal influencers who are reshaping public engagement with legal discourse. This study investigates the communication strategies, platform-specific practices, and ethical challenges faced by legal influencers, with a focus on YouTube and TikTok. Utilizing a mixed-methods approach that includes quantitative engagement metrics and qualitative content analysis, the paper explores how legal influencers inform, entertain, and at times mislead audiences through emotionally charged, multimedia-driven content. It also analyzes how these influencers adapt traditional legal norms to fit the informal, fast-paced language of social platforms. Drawing from three in-depth case studies, the research reveals a communication paradox: while legal influencers increase legal literacy and democratize legal discourse, they also risk spreading misinformation or oversimplifying complex issues. The findings underscore the need for legal influencers to develop strategic communication literacy and uphold ethical standards while remaining accessible and engaging to a lay audience. This paper contributes to understanding how the legal profession is evolving in the digital age and offers guidance for ethical, impactful legal communication online. Keywords: Legal influencers, social media law, communication strategies, Law Tube, digital legal ethics, TikTok law.

The Future of Legal Communication: Trends and Predictions

The evolution of legal communication has entered a dynamic new era shaped by emerging technologies, globalization, regulatory transformations, and shifts in client expectations. From its roots in formal, stationery-based exchanges to today’s rapid, mobile, and social media-driven interactions, legal communication now requires an unprecedented blend of technical proficiency, ethical vigilance, and adaptive professionalism. This paper examines historical developments, the impact of computer-mediated communication, the proliferation of legal tech startups, the influence of social media, changes in legal education, globalization’s demands, and the transformation of legal documentation. It also addresses upcoming trends such as real-time collaboration, remote client engagement, and regulatory modernization. Together, these factors predict a future where legal professionals must be agile communicators, blending traditional legal ethics with cutting-edge technology and cultural sensitivity to thrive in a rapidly globalizing legal landscape. Keywords: Legal Communication, Legal Technology, Client Communication Trends, Legal Education Reform, Social Media Ethics, Legal Tech Startups, Globalization and Law.

Judicial Corruption and Public Trust Assessing the Effectiveness of Legal Ethics Reforms in Global Legal Systems

Unlawful actions by judicial officers, prosecutors, and attorneys undermine public trust in legal systems, despite principles of fairness and justice. Research identifies misconduct management methods through analyses at three levels: legal education, professional organizations, and judicial systems. Public trust surveys and case studies reveal that over 68% of legal professionals cite bribery, corruption, political interference, and transparency as major ethical concerns. Legal education often fails to address these issues, with 78% of institutions lacking compulsory ethics programs. Public trust in courts is high in Germany and the UK, but low in Peru and Mexico, with public approval below 30%. From 2015 to 2023, public trust in legal institutions steadily declined due to judicial corruption scandals. Studies suggest that law schools should mandate ethics education, and independent oversight bodies should be strengthened to address misconduct. Enhancing legal transparency and ethics teaching can help restore judicial trust and combat corruption.

The Artificial Intelligence: Implication for The Identification and Protection of Child Victims of Deepfake

Indonesia is the only nation that adheres to the Pancasila ideology, therefore it is natural to uphold human ethics and morals. However, the development of Artificial Intelligence technology has had a significant impact on various aspects of life, including the emergence of deepfake technology. This technology allows realistic manipulation of digital content, including the creation of illegal content such as child pornography. This phenomenon raises serious challenges in law enforcement, especially in Indonesia which is facing increasing cases of digital child exploitation. This research aims to examine legal aspects related to deepfake child pornography in Indonesia, identify challenges to law enforcement, and provide recommendations for strengthening legal regulations and implementation. This research aims to analyze law enforcement and tracking child victims of crimes using artificial intelligence. The analytical data processing in this research uses normative juridical studies, the results of secondary data processing are then analyzed as to how the phenomenon is in today's society. So appropriate analysis is expected to be produced to answer legal challenges facing current developments. The results show that it is essential to regulate a clear legal system regarding the protection and tracking of victims as well as legal ethics that are relevant to a civilized nation. This research presents a cross-disciplinary approach that combines artificial intelligence technology, cyber-criminal law, and child protection ethics, an area that has not been previously studied in an integrated manner in Indonesian legal literature. The focus on children as victims of deepfake content places this issue within the framework of protecting vulnerable groups based on cutting-edge technology.

Tinjauan etika hukum Islam terhadap pemerkosaan dalam perkawinan: Analisis prinsip mu'asyarah bi al-ma‘ruf dan darar ma‘nawi

This research examines the position of marital rape in the perspective of Islamic legal ethics. In the current context, this issue has become a critical spotlight, especially in the discourse of gender justice and rights in marriage. The purpose of this research is to construct the view of Islamic law related to the act of forced sexual intercourse in marriage by tracing normative sources in fiqh, such as the Qur'an, hadith, and the opinions of scholars through the ijtihad approach. The method used in this research is a normative qualitative approach by analyzing classical and contemporary Islamic texts. The results of the study show that marital rape contradicts the principle of mu'asyarah bi al-ma'ruf (good treatment in the relationship between husband and wife) and causes darār ma'nawi or psychological harm to the wife as a victim. This act also violates the principle of equality in the fulfillment of biological rights between spouses, as taught in Islamic legal values that uphold justice and compassion.

HUMAN AND ENVIROMENTAL HARMONY IN THE QUR’AN PERSPECTIVE: ANALYSIS OF ABDULLAH SAEED’S CONTEXTUAL TAFSIR APPROACH.

Environmental issues are currently an interesting topic to discuss because of damage such as air pollution, deforestation, and damage to flora and fauna. Humans have a role in exploiting the environment due to a lack of awareness of the harmonious relationship between humans and the environment. Although Islam as a religion of rahmatan lil alaminprovides guidelines on man's relationship with the environment in the Qur'an, this tolerance is beginning to disappear and is increasingly marginalized. In this study, researchers used Abdullah Saeed's contextual interpretation approach to interpret Qur'anic verses that prohibited environmental damage. This prohibition is considered to have instructional value and falls into the category of legal ethics, in Abdullah Saeed's view. The research method used is qualitative with descriptive analysis, with literature studies as a data collection technique. Abdullah Saeed's contextual interpretation approach involves four essential steps. The survey results highlight the relationship between humans and the environment in the Quran, provide new insights to overcome the environmental crisis, and propose solutions based on the Quran’s guidelines to guide humanity.

From rejection to recognition: Human rights, morality, and the future of Marijuana policy in Indonesia.

From rejection to recognition: Human rights, morality, and the future of Marijuana policy in Indonesia.

The Degree of Harm: Toward a Cogent Fraud Exception to Client Confidentiality

One of the greatest unresolved issues in legal ethics is the tension between the attorney’s duties to client, such as confidentiality, and duties to third parties, which include fair dealing. Fulfilling these duties to an individual or entity under one rule may necessarily require the attorney to violate ethical obligations under another. The conflict between duties to client and third parties is acutely seen with the issue of client fraud. Clients may engage in fraud or other misconduct during the course of a representation and may, in some cases, use the attorney as an instrumentality to further the fraud. The attorney is bound by ethical obligations not to engage in their own misconduct or aid in a client’s fraud. However, the attorney is also bound by client confidentiality in ways that sometimes make it impossible to remedy, or avoid serving as an instrumentality of, such fraud. The rules of professional conduct, as currently constructed, fail to cohesively address this tension. Scholarship has touched upon this issue, but has also failed to address it thoroughly. This Article breaks new ground by clearly identifying the dilemma and developing a solution in the form of a new framework based on the avoidance of harm. The Article argues that a comprehensive exception to confidentiality, which requires the attorney to balance contextual and fact-specific harms in order to determine whether disclosure of misconduct is permissible, is the best way to address the dilemma in a cogent manner.

Teaching Legal Writing: Best Practices and Approaches

Legal writing remains a cornerstone of effective legal practice, yet its instruction often occupies a secondary role in law school curricula. This paper examines the critical importance of teaching legal writing, exploring best practices and contemporary approaches that respond to evolving demands in the legal profession. Drawing from a multidimensional framework, the discussion emphasizes the integration of legal writing into broader legal education, the necessity of drafting and editing instruction, the role of feedback, ethical considerations, and the unique challenges faced by legal writing faculty. Innovative curriculum structures and reflective learning techniques are proposed to equip students with essential writing competencies. The analysis calls for a cultural shift in legal education—one that embraces writing not merely as a skill to be assessed, but as a mode of legal reasoning and professional identity formation. By highlighting teaching strategies and structural reforms, the paper advocates for a more inclusive, practice-oriented legal writing pedagogy that bridges the gap between legal academia and the profession. Keywords: Legal Writing, Legal Education, Law School Curriculum, Drafting, Pedagogy, Legal Ethics.

Urgensi Kode Etik Profesi Advokat dalam Menjaga Eksistensi Sebagai Profesi Terhormat

The code of ethics of the advocate profession plays an important role in maintaining the existence of this profession as a respected officium nobile. As part of the justice system, advocates are not only required to have legal expertise, but also to maintain integrity and morality through compliance with the code of ethics. This article discusses the urgency of implementing the code of ethics of the advocate profession, its strategic function in regulating relations with clients, courts, and the community, and the challenges it faces. Enforcement of the code of ethics is carried out through supervision of professional organizations and the Honorary Council to prevent violations that can tarnish the reputation of the profession. Factors such as legal ethics education for prospective advocates, harmonization of codes of ethics between organizations, and sanction mechanisms are the main concerns in strengthening its implementation. In addition, the digital era brings new challenges in the form of public perception of the advocate profession influenced by social media. This article highlights the importance of collaboration between educational institutions, professional organizations, and advocates in building an ethical culture and increasing public trust. Enforcement of the code of ethics not only maintains the honor of individual advocates, but also protects public trust in the legal system as a whole.

The Quran And Positive Law: A Philosophical Review In A Normative Legal Perspective

This study aims to examine the relationship between the Qur'an as a source of Islamic law and positive Indonesian law from a philosophical perspective. Specifically, this study aims to understand the position of legal values ​​in the Qur'an towards the formation of positive law, as well as to examine the philosophical implications of the differences in the normative basis of the two. This title is important to study because in the practice of the national legal system, there is often a tug-of-war between legal values ​​derived from religion and the modern legal system rooted in the secular Western tradition. Given that Indonesia is a country with a Muslim majority population, the relevance of the Qur'an in the formation of law cannot be ignored, both in terms of legal ethics, justice values, and the formation of written legal norms. This study is formulated through two main questions: (1) What is the position of the Qur'an as a source of legal values ​​in the construction of positive law in Indonesia? and (2) What are the philosophical implications of the differences in the normative basis between the Qur'an and positive law towards the formation of legislation? To answer these questions, the method used is the normative legal research method with a legal philosophy approach and a legislative approach. The main data sources consist of primary legal materials in the form of laws and regulations and interpretations of legal verses in the Qur'an, as well as secondary legal materials such as Islamic legal literature and legal philosophy theories. The results of the study indicate that the Qur'an contains universal justice values ​​that are in line with the basic principles of positive law, such as justice, welfare, and legal certainty. Although there are differences in the form and structure of law, philosophically, both can complement each other within the framework of developing a just national law. This study recommends an integrative approach in formulating positive law that is not only based on legal-formal rationality, but also considers transcendental values ​​that originate from revelation.

Legal Communication and Marginalized Communities

Legal communication plays a pivotal role in the interpretation, application, and accessibility of law. However, marginalized communities characterized by social, economic, cultural, and linguistic disenfranchisement continue to face systemic barriers that hinder effective communication within legal systems. This paper examines the intricate relationship between legal discourse and marginalized populations by examining the structural, linguistic, and institutional barriers that inhibit access to justice. Drawing on interdisciplinary perspectives from law, psychology, and communication studies, the paper analyzes how legal language, courtroom norms, attorney-client dynamics, and cultural misunderstandings collectively contribute to legal disenfranchisement. Through case studies, technological considerations, and discussions on legal literacy, the research highlights the critical need for culturally competent legal practices, improved public legal education, and reforms in legal ethics and policy. Ultimately, the paper advocates for inclusive legal communication strategies that empower marginalized voices, foster trust, and promote equitable participation in the justice system. Keywords: Legal communication, Marginalized communities, Legal literacy, Cultural competency, Access to justice, Legal ethics, Language barrier.

Analisis Yuridis Jasa Pembuatan Skripsi Sebagai Tindak Pidana Akademis dan Etika Hukum

This study examines the legal analysis of thesis-writing services as an academic crime and legal ethics violation. The background of this research is based on the widespread practice of thesis-writing services that undermine academic integrity and contradict the principles of honesty in education. Based on this background, the study formulates two main issues: (1) What is the legal position of thesis-writing services from the perspective of criminal law and copyright law in Indonesia? (2) What are the legal responsibilities of thesis-writing service providers from the aspects of criminal law and legal ethics?.. The research method used is normative juridical research with a statute approach and a conceptual approach.The results indicate that the practice of thesis-writing services violates Law Number 28 of 2014 on Copyright, Law Number 20 of 2003 on the National Education System, and can be prosecuted under articles in the Indonesian Penal Code (KUHP) related to document forgery. From the perspective of legal ethics, this practice undermines academic honesty and fosters a culture of academic dishonesty. Therefore, stricter law enforcement and increased awareness of academic integrity are necessary to prevent this practice from spreading further.

Юридическая этика юриста как составляющая его профессиональной культуры

The author's research interests focus on the formation of legal ethics and legal culture among students within the university educational process. In the course of professional pedagogical activity, particular attention is given to fostering legal ethics and professional culture among future lawyers. The author examines the phenomenon of a lawyer's professional culture, emphasizing its definition as an integrative quality of personality, which encompasses professional legal knowledge. and legal theories, as well as essential personal attributes – values, moral and ethical norms, cultural concepts, and psychological resilience – necessary for professional practice. Additionally, the study identi-fies the components of a lawyer’s professional culture, including intellectual, value-based moral-ethical, and practical-activity components, and highlights their interrelationship. Special em- phasis is placed on the value-based moral-ethical component and its ethical dimension. The phe- nomenon of legal ethics is analyzed, with attention to its evolving nature. The conceptual foundations of this phenomenon are not rigidly fixed but transform and become enriched with legal, moral, and ethical ideas in response to the development of society and legal practice. The studied phenomena are dynamic, and their formation de-pends on the evolution of society, social relations, values, moral and ethical norms, legal practice, and legal experience across various areas of legal activ-ity