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Chapter 2 of 53 min read
قاعدة النية: «الأمور بمقاصدها»
The first and most foundational of the five universal legal maxims is: 'Matters are judged by their purposes' (al-umur bi-maqasidiha). This maxim, derived primarily from the famous hadith 'Actions are judged by intentions' (al-Bukhari, Muslim), establishes that the legal character of any act is determined by the intention and purpose behind it rather than merely its outward form.
In the domain of worship, the maxim of intention is primary. Without the correct intention, an act of worship is not valid as worship — washing one's face to cool off in hot weather is not wudu; eating at a time when one is obligated to fast (without having intended to break the fast deliberately) does not carry the same legal weight as deliberately breaking the fast. The Prophet (peace be upon him) said: 'Verily actions are by intentions, and every person will have what they intended. So whoever's migration was to Allah and His Messenger, their migration was to Allah and His Messenger. And whoever's migration was for worldly gain or to marry a woman, their migration is for whatever they migrated for' (al-Bukhari, Muslim). This profound statement established intention as the determinant of moral and legal character.
In transactions, the maxim of intention prevents circumvention of Islamic law through contractual manipulation. A series of transactions structured to achieve the economic equivalent of a riba transaction is treated as a riba transaction — the legal character follows the purpose, not the nominal form. This is the basis for the Islamic legal critique of certain types of 'Islamic finance' products that reproduce the cash flows of interest-bearing loans through complex but nominally permissible contractual structures.
In criminal law, the distinction between intentional killing (qatl 'amd) and accidental killing (qatl khata') — which carries dramatically different legal consequences — is entirely dependent on the perpetrator's purpose and intention. Intentional killing requires retribution (qisas) or blood money (diyah) with added penalties; accidental killing requires only the diyah and kaffarah (freeing a slave or fasting). The same physical act with different intentions produces entirely different legal outcomes.
The maxim of intention has an important limiting principle: the purpose must be assessed from objective evidence, not merely from the perpetrator's claimed intention. A person who commits a clearly intentional act cannot escape its legal consequences by claiming an innocent purpose that no reasonable person would believe. Courts assess intention from circumstantial evidence, pattern of behavior, and the ordinary meaning of actions in their context.
The maxim of intention also generates the Islamic law principle of ba'd al-maqasid (consideration of remote purposes). A transaction that is itself permissible but whose seller knows will be used for a prohibited purpose becomes impermissible — selling grapes to a known wine-maker, for example. The seller's knowledge of the purpose makes them a participant in facilitating the prohibition, even if the immediate act of selling grapes is ordinarily permissible. This principle is the basis for significant Islamic business ethics rules on who one may trade with and what products one may sell.