Exceptions to the Rule of “Subjection of Contract to the Intention” in Islamic Jurisprudence

One of the famous jurisprudential rules is “subjection of contract to the intention” which is refered to as “Al-‘Uqud Tabi‘at Lil-Qusud” in Imami jurisprudence. Sunni jurisprudents refer to this rule in a more general sense, as “Al-’Omur Bi Maqasiduha”. Although this rule exists in all contracts, there are cases that the rule does not apply. According to interior intention and exterior intention and the fact that the approaches of different denominations are different when these two intentions are conflicting, we can find many cases that must be regarded as exceptions to the abovementioned rule. In Imami jurisprudence, Reluctant Contract after Consent, Temporary Marriage Contract, Selling Something by Usurper and Transaction without Verbal Expression of Contract (Mu‘atat), and in Sunni Jurisprudence, Contract of Blatherer (‘Aqd-e Hazel), Reluctant Contract, Selling without Price and Renting without payment are the most important exceptions to this rule. There is no consensus about the exceptions, however, these cases cannot create a problem in the validity of the rule, because usually, the rules of jurisprudence are with exceptions.