Critique and evaluation of the Theory of Spiritual Communion of Contracts in Islamic Law

The theory of spiritual communion is that if the contract bear a result of another contract, it is another contract in fact, even though the parties had not considered such intention. In the following research, we analyzed the theory by using descriptive-analytical method and according to the references cited. This theory has a serious disagreement among shia and sunni scholars. The shia scholars have accepted this theory as an instance, but the famous jurists of the sunni scholars have raised this theory as a general theory. According to the view that the theory doesn't considers intention of the parties and also, on the other hand, cause chaos among contracts; It seems necessary to treat it as a sentence and partly (not generally; Therefore, if there are legal texts, then intentions of the parties shall be the criterion.