واكاوي اراده قصد و رضا در فقه اسلامي و حقوق ايران

An Investgation of Volition, Intention and Consent in Islamic Jurisprudence and Iranian Law

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, "creative intention" 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.