© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157302509X454735 Arab Law Quarterly 23 (2009) 347-352 brill.nl/alq Arab Law Quarterly Th e Role of Intention ( Niyya ) Under Saudi Arabian Hanbali Law Nabil Saleh* Law Consultant, London, UK Abstract On the authority of the Shari ʿ a, the part that intention ( niyya ) holds in religious matters ( ʿ ibādāt ) is undisputed. However, a number of schools of thought have questioned its signiﬁ cance with respect to secular transactions ( mu ʿ āmalāt ). Th e very ﬁ rst h ̣ adīth reported in the Compendium of Tradition , Sahih al-Bukhari says in substance: “Deeds are judged according to intention and every human being will have to take responsibility for what he intended”. Sunni schools of law are divided with regard to the extent of application of that h ̣ adīth . Whilst H ̣ anafī and Shāfī ʿ ī schools interpret it narrowly to cover only religious mat- ters, H ̣ anbalī and Mālikī teachings extend it to mu ʿ āmalāt . Th is article looks at intention and its possible relevance in matters concerning breach of contact, abuse of rights and the validity and construction
Arab Law Quarterly – Brill
Published: Jan 1, 2009
Keywords: INTENTION; BAD FAITH; GOOD FAITH; ABUSE OF RIGHTS; DAMAGES; VALIDITY AND CONSTRUCTION OF CONTRACTS; NIYYA; CAUSE; BREACH OF CONTRACT; WILL
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