Ma`rifat Eqtesadi

Intent is one of the main pillars of a contract and its terms determine the identity of the contract agreed upon. In the fiqh related to contracts, the function of intent is explained in the context of the rule of dependency of contract on intent. This paper investigates the concept of intent in the rule of dependency of contract on intent, especially in banking contracts. The question that arises here is what kind of intent is necessary for contracts? The paper, considers that the termination of the contract which follows the rule of dependency of contract on intent is related to the kind of contract which lacks intent which is equivalent to creation. The findings of this paper which is based on fiqh analysis show that there are three meaning for intent: will, aim and creation. According to the rule of dependency of contract on intent, intent which means creation has to observed in transactions and one shouldn't confuse it with the other meaning, ie. goal and will. Accordingly, intent which means creation pivots on existence and non-existence and cannot contribute to distinguishing between unreal and real contracts. According to the mentioned explanation of this question, the accuracy of banking contracts demands customers and bank staffs' close acquaintance with the contract's nature and intent of a contract when it is used as equivalent to creation.