SPECIAL FEATURE: ‘Scrutinising’ the Duties of a Lawyer to Advise the Purchaser in the Purchase of a Residential Property as Required by Sec 84 of the Legal Profession Act 1976 (Part I)

Authors

  • Baharuddeen Abu Bakar

DOI:

https://doi.org/10.31436/iiumlj.v26i2.428

Keywords:

duties of solicitors, purchase of residential property, S84 Legal Profession Act, commercial transactions

Abstract

IN MEMORIAM

This piece is written in memory of my son Muhammad Zayd bin Bohorudin (1985-2017), advocate and solicitor, and alumnus of the Ahmad Ibrahim Kulliyyah of Laws (‘AIKOL)’, IIUM. He had served the Attorney-General’s Chambers and Zul Rafique and Partners (Advocates and Solicitors). He endeared himself to classmates, teachers and colleagues; and in his brief life fulfilled all his parents’ wishes for him including being chosen by his schoolteachers as a most avid reader of books in primary school.

This article was conceived by Muhammad Zayd and I, as an object lesson on how Islamic teachings may be incorporated into the Civil law to improve its moral contents. To reduce the obsession with self; the Civil law which is made without taking moral teachings into account, particularly in modern commercial transactions. May all those who read this monograph be inspired by the overarching teaching of Islam to seek justice in all civil law formulations including the Housing Ministry-drafted sale and purchase agreement. Muhammad Zayd’s mother Jamilah Begum and I dedicate this monograph as sadaqa jariah. May Allah s.w.t forgive him and reward him with a place in jannah.   Amin.

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Author Biography

Baharuddeen Abu Bakar

LL.B (Hons) U.M; Diploma in Syariah and Practice (DSLP) and Master in Comparative Law (MCL), IIUM: Member of the Malaysian Bar, retired Advocate and Solicitor of the High Court of Malaya; retired senior teaching fellow, Legal Practice Dept., Ahmad Ibrahim Kulliyyah of Laws (AIKOL) IIUM and volunteer legal adviser to the House Buyers' Association (HBA).

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Published

2018-12-30

How to Cite

Abu Bakar, B. (2018). SPECIAL FEATURE: ‘Scrutinising’ the Duties of a Lawyer to Advise the Purchaser in the Purchase of a Residential Property as Required by Sec 84 of the Legal Profession Act 1976 (Part I). IIUM Law Journal, 26(2), 203. https://doi.org/10.31436/iiumlj.v26i2.428