The Applications of Intention (Qaedat al- Umu:r bi Maqasidaha) in Saudi Law: A Comparative Study

  •  Majed Al-Shaibani    


The current study aims to tackle the theoretical understanding of intention as between Sharia and law. It addresses the similarities and differences in the analysis of interpretation of intention across sharia law and law. The paper contrasts between the two ways of dealing with the concept of intention that is both technical and intuitive, across law and religion. Starting from the hypothesis that the concept of intention in sharia law originated in classical contextual realities different from the contemporary realities of Saudi Arabia and become outdated, the study attempts to answer the following questions: How can the concept of intention be adapted to the new socio-economic realities of Saudi Arabia with its new vision toward the world? How can the concept of intentionality adopt by sharia benefits from the analysis of law theory relating to intention? In order to answer the questions of the study, the study adopts the comparative law methodology through which concept of intention is comparatively examined in both sharia and law. The research investigates the historical and cultural context that gives rise to the concept of intentionality in both sharia law and law, as it helps reflect on aspects of similarity and differences and how gap between the sharia law and law can be bridged. The collected data is obtained through comparing sharia law in Saudi Arabia to the law applied in the West. The study has reached a conclusion that the sound methodological application of the concept of intention in sharia law requires the integration of elements and concepts from the Western law concept of intention.

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