Analysis of the validity of sharia solution, with emphasis on a legal case

Sharia solution means a solution that, according to general rules the parties of contract are allowed to use it. But, as the parties’ purpose is to abscond from religious sharia and legal prohibitions and restrictions, there is some disagreements about its validity in Fiqh. Some faqis believe on using it. The principle of correctness is also invoked to prove this belief. In contrast, some believe that Sharia solution is invalid. The most significant reason for those who believe in its invalidity, is the obscenity of lawgiver's purpose violation.The purpose of lawgiver in banning usury is oppression or other kinds of corruption in it. By changing the title and at the same time allowing such corruption, the purpose would be violated. Therefore, the purpose is violated which is reprehensible and in fact, the lawgiver is not allowed to commit it. Also in legal system, similar contrasts are visible. The same approach could not be inferred from civil act. However, it seems that the issue should be solved regarding to general principles. In this article, an adopted approach is emphasized on real intention for creating contract. As a result, it should be considered that in spite of applying Sharia solution whether the two contracting parties have a serious intention to deal or not. The negative answer to this question, means nothing but contract's invalidity. In this article, by introducing a case study, apart from the theoretical discussion in this regard, an attempt is made to imagine a judicial procedure approach