The Impact of the Legal Maxim "Actions are Judged by Intentions" on the General Theory of Civil Law

Abstract

The legal maxim "Matters are determined by their intentions" (al-umūr bi-maqāṣidihā) constitutes one of the foundational principles of Islamic jurisprudence, extending its function beyond the regulation of specific cases to establish intellectual foundations capable of guiding legal reasoning. This research explores the impact of this maxim on the general theory of civil law, examining its capacity to serve as a methodological tool for reconciling the stability of transactions (manifest intent) with the attainment of contractual justice (hidden intent and purposes).

​The research employs a descriptive-analytical and comparative methodology. The first chapter establishes the normative framework of the maxim, tracing its jurisprudential roots, distinguishing between the concepts of "intent" (al-qaṣd), "volition" (al-niyyah), and the "principle of good faith," while delineating its relationship with the principle of party autonomy (sultān al-irādah). The second chapter focuses on the practical applications of the maxim within civil law, specifically its role in the formation and interpretation of contracts, as well as its influence in assessing contractual fault and modifying the provisions of contractual liability.

​          The research concludes that the maxim "Matters are determined by their intentions" represents a moral and legal reference that infuses positive law with the spirit of justice. The study demonstrates that civil law—influenced by Islamic jurisprudence—relies on inner intent (the parties' actual purposes) when interpreting contracts, rather than adhering rigidly to the literal meaning of words when they conflict with the parties' true objectives. The research recommends that the judiciary adopt a teleological (purpose-oriented) interpretation more extensively and emphasizes the necessity of strengthening jurisprudential foundations within legal studies and civil legislation to ensure the flexibility and development of legal solutions.