Effect of the personal purpose on the legal results of the contracts in the Islamic Law

In this study, the effect of subjective purposes of the contracting parties on legal results of the contracts is dealt on the aspect of Islamic law. Handled within the scope of law and morality relation in Western legal systems, this problem is discussed to several theories. The theoretical background of this subject is formed within the terms of "niyyah" "qaṣd", " maqāṣıdu'l–mukallaf" on the classical sources of the Islamic law that has no tendency of developing general theories in respect of formation and development conditions. The contemporary researchers of Islamic law prefer to use the term of "al-sabab" and "al-bā'ith" which refer to personal purpose of the contracting parties by the effect of positive law searches. In the classical Islamic law sources the discussion which is about the contracts that have objective validity conditions are valid or invalid because of the intenton and purposes of the contracting parties which are not approved in legal and proper way is dealt with a matter of indication of prohibition to disorder (delāletu'n-nehy 'ala'l-fesād) and with an evidence of "i'tibāru'l – maāl" and the rule of " sadd-i zarāi'". In addition, the understanding of dual ruling as "al-ḥukmu'd-diyāni – al-ḥukmu'l-qaḍāi", "al-ḥukmu'l-ukhravi – al-ḥukmu'd-dunyavi" is based on some debates which is about determination of real intentions of the contracting parties in many topics. The rulers in Islamic law are agreed with the idea that personal intentions of the contracting parties are effective on the ukhravi ḥukm of the contracts and other legal transactions. But there is a conflict between them under which conditions personal intentions are effective on dunyavi ḥukm of the contracts. Maliki and Hanbali sects predicated subjective criterias on this consideration. According to them, the personal purpose which motivates the contracting parties to make an agreement nullifies the agreement if it is against licit principles. So, it is enough for the other side to know or to have possibility to know this aim. Hanafi and Shafi sects determined more objective criterias. According to them, it is necessary for being effective the personal aims of the contracting parties on agreements, the aims should be mentioned distinctly at declaration of intention in the form of condition or settlement should have quality that the subjective purpose should be understood from the nature of the content of it. In this subject, Zahiri's have an approach that the declaration of intention is basis. The ideas of Zeydi rulers are similar to Hanafi's in some cases and similar to Shafi's in another. Cafari rulers generally base on objective criterias too.