The Effect of the Intention not to Pay Consideration on the Validity of Credit Transactions

Sometimes, the transaction party, when entering into a credit transactions or using someone else's property, intends not to pay the price. The intention of non-payment contradicts with the obligation to pay, which is a direct or indirect effect of barter transactions. Hence, the question arises as to whether such a transaction is valid or not. This issue has been raised in the field of jurisprudence transactions and also in the acts of worship that such contracts and transactions are somehow related to, such as ablution, major ablution (ghusl), and prayer, in which the permissibility (ibāḥa) of water, as well as the place and clothing of worshiper, is a condition for the validity of worship. In the case of transactions, the intention of non-payment may cause the transaction to be void, the receiver's authority to be illegitimate, and the transformation of quantum valebant to quantum meruit. Using descriptive and analytical methods and library tools, this article aims to explain and justify the theory that favors the nullity of a transaction in which the debtor does not intend to pay the debt.