The Problem of Mode in Declaration of Intent in Islamic Law

Declaration of a person s intent constitutes the foundation of all legal actions. Intent becomes legally binding only after it is expressed. Regarding certainty and clarity there are differences between modes or forms of speech. Islamic law uses the term sarth to indicate perfect clarity and certainty in the expression. For the majority of scholars the past tense mode is the most appropriate form of a sarth expression.Neither the Qur an nor the Sunnah requires the usage of a particular mode in declaration of intent. According to Islamic law, the common usage of people or the custom (al- urf ) is a valid legal source in the matters that no evidence from the Qur an or the Sunnah. Thus the determining criterion of the clarity and certainty of an expression in legal actions should be custom regardless of its mode.