Investigating the dependence of contracts to the parties’ intention in banking transactions

• Published in: تحقیقات مالی اسلامی (پیوسته) Vol. 8; no. 2; pp. 255 - 276
• Main Authors: Sadegh Elham, Navid Emsaki
• Format: Journal Article
• Language: Persian
• Published: Imam Sadiq University 01-04-2019
• Subjects: banking transactions; contract; intent; intention to create; intention to use
• ISSN: 2251-8290; 2588-6584

Abstract
Banking transaction is one of the most important economic issues in the Islamic society which faces many challenges and problems. One of the most important arguments in this field is about parties’ intention. Since Shiite jurisprudences consider that contracts are dependent to parties’ intentions, the question is that whether the criteria in contracts is the intention to use or the intention to create? And because both parties may not be acquainted with the religious contracts, is this contract valid or not? This research is descriptive-analytic attempts to the jurisprudential principal whish says “contracts are dependent to the intention” and adapt it with banking transactions. It seems that contracts are dependent to the parties’ intention to use not their intention to create or their real intention. Therefore signing the banking transactions in which the status of parties’ is determined before is sufficient to verify the contract and solve this problem.