1
Ph.D. student of Fiqh and Fundamentals of Islamic Law, Sari Branch, Islamic Azad University, Sari, Iran.
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Sari University, Sari, Iran.
3
assistant professor of Fiqh and Fundamentals of Islamic Law Department, Sari Branch, Islamic Azad University, Sari, Iran.
10.22034/ejs.2024.451619.1757
Abstract
Background and Aim: In order to create legal actions, the presence of will is necessary. The conflict between the external will and the internal will is one of the most important and challenging issues. The purpose of this research is to investigate the realm of declaration of inner will and apparent will in legal acts. Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data. Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected. Findings: Sunni jurisprudence and Shia jurisprudence do not have the same judgment about inner and outer will. The religion with the least regard for the inner will of the parties is Shafi'i, and the most favorable group regarding the inner intention of the parties are the Maliki religion. Both religions (public and Imamiyyah) have gone through the same process of reducing the importance of the external will to the preference of the inner will. Conclusion: In Islamic jurisprudence and law, although attention has been paid to the apparent will in some cases, the theory and perspective of the inner will is preferable. In Iran's legal system, the inner and true will of the individual is the basis of legal actions. In case of conflict between the external will and the internal will, the internal will prevails. But the inner will can be cited only if it is proven. But this theory is extreme, and either too much attention to the inner will or complete neglect of the outer will is wrong. Instead, the opinion of the Shariah should be sought in various legal cases.
Shirazi,S. , Ahmadi,S. M. and Hosseini Moghadam,S. A. (2024). Examining the Realm of Declaration of Inner Will and Apparent Will in Legal Acts. Strategic Studies of Jurisprudence and Law, 6(5), 383-400. doi: 10.22034/ejs.2024.451619.1757
MLA
Shirazi,S. , , Ahmadi,S. M. , and Hosseini Moghadam,S. A. . "Examining the Realm of Declaration of Inner Will and Apparent Will in Legal Acts", Strategic Studies of Jurisprudence and Law, 6, 5, 2024, 383-400. doi: 10.22034/ejs.2024.451619.1757
HARVARD
Shirazi S., Ahmadi S. M., Hosseini Moghadam S. A. (2024). 'Examining the Realm of Declaration of Inner Will and Apparent Will in Legal Acts', Strategic Studies of Jurisprudence and Law, 6(5), pp. 383-400. doi: 10.22034/ejs.2024.451619.1757
CHICAGO
S. Shirazi, S. M. Ahmadi and S. A. Hosseini Moghadam, "Examining the Realm of Declaration of Inner Will and Apparent Will in Legal Acts," Strategic Studies of Jurisprudence and Law, 6 5 (2024): 383-400, doi: 10.22034/ejs.2024.451619.1757
VANCOUVER
Shirazi S., Ahmadi S. M., Hosseini Moghadam S. A. Examining the Realm of Declaration of Inner Will and Apparent Will in Legal Acts. SSJL, 2024; 6(5): 383-400. doi: 10.22034/ejs.2024.451619.1757