الاثار المترتبة على المسئولية المهنية للمحامي في الشريعة الإسلامية و القانون الجزائري : دراسة مقارنة

الملخص EN

The Effects Resulted from the Lawyer's Vocational Liability according to the Islamic Legislation the Algerian Law; A Descriptive Comparative Study The study aimed at evaluating the effects of the lawyer' s vocational responsibility according to the Algerian legislation in the light of Islamic Law (Shari'a).

The study used the descriptive comparative methodology to reach the targets in question.

The study reached the following findings; first, the Algerian legislation and Islamic Law (Shari'a) agree on the effect of the lawyer's civil liability.

Each prescribes damages for the loss or injury caused by the lawyer's vocational error; second, the Algerian legislation and Islamic Law (Shari'a) agree on the effect of the lawyer's criminal liability as a whole but differ in details.

Each prescribes a penalty to be passed on the lawyer if his vocational error is considered a crime that is punishable by law.

However, they impose different penalties for the same crime; third, the Algerian legislation disagrees with Islamic Law (Shari'a) on the issue of the relationship between the civil and criminal liabilities.

The study recommended that the Algerian legislator ought to specify a single chapter within the law that regulates lawyering about the lawyer's vocational liability in the light of Islam teachings.