While none are free to suggest amendments, or alter ‘acts of worship’ specified by 'The Law Maker', contracts, business and transactions are all based upon the mutual agreement of participating parties. There are, of course, guidelines in Islamic law regarding contracts:

- We are ordered to fulfil and honour our contractual commitments.

"O' you who have Faith! Fulfil the contracts (made by you or people). The four-footed animals are lawful to you (for food) except those which will be recited unto you, pilgrim garb, and while you are in deem not game permitted to be hunted. Verily Allah decrees whatever He intends." (Surah Al-Ma’idah, 5:1).

- Believers are described as people who manage their trusts honestly and fulfil all their covenants.

“And those who are keepers of their trusts and their covenant,” (Surah Al-Mu’minun, 23:8).

“And those who keep their trusts and covenants.” (Surah Al-Ma’arij, 70:32).

The main conditions concerning parties to any contract are:

1. All parties to a contract must be 'of age' - baligh. Thus, contracts concluded by minors are not valid.

2. All parties to a contract must be sane and of sound mind. Thus, contracts concluded by those who are unstable or mentally ill are not valid.

3. All parties to a contract must enter it of their own free will. Thus, contracts concluded under duress are not valid.

4. Parties to contracts that offer ownership must be the legal owners, or agents authorized by the legal owners.

5. The intentions of all parties to a contract must be clear and comprehensive, and all parties must comprehend the obligations and commitments they are committing to.

This chapter elaborates on this fifth point.

In his book Al-Makasib, Shaykh Murtada al-Ansari writes, 'It is obvious that intention is an instrumental element of any contract. Thus, pronouncing or uttering the formula of a contract, without the sincere intention to adhere to its content, is of no value whatever.'1

Clearly, commitments that are: made in jest, made light-heartedly without reflection, that have not been clearly considered, or that contain conditions that one of the parties only vaguely comprehends, have no validity.

Conflict Between What Is Said And What Is Meant

Disputes occasionally arise between parties when one feels that the wording of a contract has not clearly indicated her/his intention. They may also arise when one party claims not to have been able to decipher the terms and conditions included in the small print.

To avoid potential disputes, Islamic law recommends all parties to clarify their intentions, and to clearly comprehend the terms and conditions of contracts prior to committing themselves to them. Fuqaha discuss the clarity required, in a variety of circumstances, for contracts to be fully understood, particularly when one of the parties is either extremely exhausted or even drunk.

Uttering a formula for an offer or acceptance by mistake, i.e. when the intention is to rent something but the phraseology is taken to imply sale, is another ground for dispute between parties.

In all the above examples, it is a judge in court who has to examine the validity of claims and pass judgement as to contracts being valid or invalid.

Change Of Intention Leads To A Change Of Ruling

In Islamic law, the basis of business must not rest upon false means; thus, games of chance are clearly prohibited. Some contemporary jurists have considered the lottery in the following manner. Their opinion is that if a person pays one pound with the intention of buying an opportunity to win the jackpot, it is unashamed gambling - prohibited in Islam.

However, if a person's intention is simply to donate a pound to the charitable causes supported by the lottery, without expectation of anything in return, any prizes, should these be forthcoming, are lawful. This is a clear example of change of intention leading to a change of ruling.

The Link Between Intention And Usage

To understand the role that intention plays in the validity of transactions, we compare the following circumstances:

1. An owner of a vineyard who sells his crop to a vintner understands that it will be used to produce wine.

2. If the same vineyard proprietor sells his crop to a multiple grocer, his understanding is that it will be retailed to the public.

3. There are, too, cases in which the intention of a buyer is not known and no indications exist to guide a vendor.

The consensus of jurists is that the first example is not permissible, but both the second and third are.

For a more general or universal ruling, jurists conclude that it is unlawful to participate in commercial undertakings in which the clear intention of the other party is to indulge in non-permitted activities. Vis-a-vis a person's spiritual condition, the approval of sin committed by others - not even to mention participation in it - is considered to damage the Islamic persona.

It is worth mentioning that in many ahadith the telling of an untruth, in order to reconcile husband and wife, or two friends, is regarded as permissible: for example, a friend telling one of the parties that he/she broached potential reconciliation with the other party and found them very willing to agree to it. In this manner both parties may be encouraged to have more positive attitudes towards reconciliation. Although this example has nothing whatever to do with contracts or transactions, it clearly illustrates the importance that intention plays in relation to human actions.

• 1. Al-Makasib Vol. 3, p. 295, Edition 1420.