The essence of contracts lies in the intentions and meanings, not in the words and structures.

The overall meaning of the rule

  • First: The Linguistic Meaning of the Terms of the Rule:

    • 1- The Consideration: The regard for something.

    • 2- The Intentions: The will directed towards the matter.

    • 3- The Meanings: What is intended from the thing.

    • 4- The Structures: The tangible vessels for the meanings, which are synonymous with the words here.

  • Second: The Overall Meaning:
    The legal judgment on people's dealings and actions is based on what exists in their souls of intentions and purposes, which are expressed and understood through what a person utters or writes. Since the words in contracts are the primary means of expressing the intention of the contracting parties, whenever it becomes apparent that their intention contradicts what they have uttered or agreed upon, the judge will refer to it rather than the apparent wording.
    The Imam Ibn Qayyim Al-Jawziyyah states: "Whoever contemplates the sources of Sharia will find that the legislator has disregarded the words that the speaker did not intend their meanings, but rather they occurred without his intention. Among the rules of Sharia that cannot be demolished or wasted is that intentions and beliefs are considered in actions and expressions just as they are considered in acts of worship and devotion..." 

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