The Role of Intention (Niyya) Under Saudi Arabian Hanbali Law

in Arab Law Quarterly
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

On the authority of the Shari'a, the part that intention (niyya) holds in religious matters ('ibādāt) is undisputed. However, a number of schools of thought have questioned its significance with respect to secular transactions (mu'āmalāt). The very first hadīth 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 hadīth. Whilst Hanafī and Shāfī'ī schools interpret it narrowly to cover only religious matters, Hanbalī and Mālikī teachings extend it to mu'āmalāt. This article looks at intention and its possible relevance in matters concerning breach of contact, abuse of rights and the validity and construction of contract when governed by Saudi/Hanbalī law.

The Role of Intention (Niyya) Under Saudi Arabian Hanbali Law

in Arab Law Quarterly

Sections

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 10 10 4
Full Text Views 5 5 5
PDF Downloads 2 2 2
EPUB Downloads 0 0 0