Legal practice is not work with laws and texts alone; in truth it is a daily dealing with problems of every kind: a case, a dispute, a consultation, a legal risk, a contractual defect, a difficulty in proof, or a procedural problem. For this reason the lawyer does not carry out his work merely to present rulings or recite articles, but to understand the root of the problem, grasp its reality, and then choose the most suitable way of dealing with it.
A problem, in its general sense, is a gap between an existing reality and a result one wants to reach. It is not enough, in dealing with it, to stop at its apparent form; for example, a lawyer may think the problem is the rejection of the request, while the real problem lies in weak proof. For this reason, the first thing a lawyer needs is not to rush straight to a solution, but to understand the problem in its correct form.
This is not specific to legal practice alone but applies to all professions built on diagnosis and sound judgment; it has been said:
The gentle physician, discerning in his affairs, who knows what lies in his hand and where to place his brand, does not rush to the medicine until he has come to know the disease
. Likewise, it does not become a lawyer to rush into treatment before he understands the problem, locates the defect, and distinguishes between the root of the difficulty and its effect.
In practice, some problems may be handled through good conduct and judgment without methodical awareness, but a lawyer, by the nature of his work, should not leave this to habit alone; it must be governed by a clear method.
Hence the value of learning the problem-handling method in its six aspects: recognizing that a problem exists, defining it, analyzing its cause, finding alternative solutions, making the decision, and then implementing. The aim is not to display theoretical steps but for the lawyer to work with insight, so that cause is not confused with effect, he does not rush into procedure before the picture is complete, and his view does not narrow to the possible options.
When a lawyer works with this methodical awareness, he does not move in a file out of habit, nor rush into a procedure merely because it is the first thing that occurs to him; rather, he becomes better able to know his step: when to claim, when to be patient, when to negotiate, when to litigate, and when more verification is needed. Thus the benefit of the method is not only that it leads to a solution; it also disciplines the view, improves the decision, reduces improvisation, and raises the quality of work.
Finally, this article is a call to universities, training centers, and lawyers to consider developing an educational and training curriculum concerned with problem-solving methods and techniques for students of law and Sharia.