Abstract
There is no doubt that volition is a human attribute although philosophers have different views on its nature. In order to fulfil any act, especially legal ones, volition goes through five stages: 1-conception, 2-assessment of benefits and losses, 3- confirming the necessity for fulfilling the act (consent), 4-decision-making, and 5-implimentation. In order to fulfil a legal act, âcreative intentionâ is essential which is in contrast with intention of report. Volition in legal acts has two dimensions: internal (real) and external (declaratory). Where there is a contract between these two, internal volition is preferred. We understand from the stages in volition and the differences between intention and consent that intention is an element which creates the contract, while consent validates it. So, if intention is absent, the contract is void and, if consent is absent, it will be invalid. This writing looks into the views expressed by Imamiah and general jurisprudents and Iranian and non-Iranian law scholars on the above-mentioned issues.
Khorsandian, M., & Zakerinia, H. (2010). An Investgation of Volition, Intention and Consent in Islamic Jurisprudence and Iranian Law. Journal of Studies in Islamic Law & Jurisprudence, 1(1), 73-99. doi: 10.22075/feqh.2017.1847
MLA
M. Khorsandian; H. Zakerinia. "An Investgation of Volition, Intention and Consent in Islamic Jurisprudence and Iranian Law", Journal of Studies in Islamic Law & Jurisprudence, 1, 1, 2010, 73-99. doi: 10.22075/feqh.2017.1847
HARVARD
Khorsandian, M., Zakerinia, H. (2010). 'An Investgation of Volition, Intention and Consent in Islamic Jurisprudence and Iranian Law', Journal of Studies in Islamic Law & Jurisprudence, 1(1), pp. 73-99. doi: 10.22075/feqh.2017.1847
VANCOUVER
Khorsandian, M., Zakerinia, H. An Investgation of Volition, Intention and Consent in Islamic Jurisprudence and Iranian Law. Journal of Studies in Islamic Law & Jurisprudence, 2010; 1(1): 73-99. doi: 10.22075/feqh.2017.1847
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