The Role of Expressions and Meanings in Financial Contracts.

Naturally, any contract is a combination of a format and content. Usually, this format called words and the content as the meaning. Generally, the words and their meanings are consistent. To be specific, whatever both transactors of a transaction intend are expressed in words. However, there are cases that the written or expressed words differ from what was really intended. The question arises here that which one is to be treated as the real term; the expressed words or the meaning intended? And the legal laws of which contract must be abided by? There are two perspectives on this issue among Muslim jurists. According to the first perspective the words takes precedence and according to the second perspective meanings are to be taken as the real term and contract. This article examines the and views and reasons of each party showing that what seems to be Islamicaly defendable is the meaning and intention of the two transactors. Hence sharia,s laws concerning the content –not the words- are to be observed.