Applying the Hadith “Actions are to be Judged by Intentions” in the Pakistani Legal System: An Introduction

Abstract

This paper briefly discusses the sources of Islamic law. What is the place of Sunnah of the Prophet (P.B.U.H) in the Pakistani Legal System; what is the importance of the hadith, “actions are to be judged by intentions…”; whether it holds a significant place in a legal system; if so, to what extent; Whether intention has consequences on our legal transactions? The main findings of this paper are that the primary sources of Islamic law are the Qur’an, the Sunnah of the Prophet (P.B.U.H), Ijma‘ and Qiyas (analogy).  The Sunnah is a source of Islamic law but is recognized as a subsidiary source in the Pakistani legal system. The hadith, “actions are to be judged by intentions” is a very important hadith as it lays down the framework of not just our religious obligations but also law, especially criminal law. This hadith lays down the important principle that all acts must be done so with a corresponding intention. This hadith also serves as an important principle that forms the very framework of criminal as well as civil actions in a legal system. For a crime to be committed, there must be both a mens rea (guilty intention) and actus reus (actual physical performance of said intention). Hence, where there is no guilty intention, there is no crime, although in cases where there are more severe crimes, the punishment will be severe as well. Hence, the crimes are categorized into intentional and unintentional, where the punishment is greater in the former than it is in the latter. And for some crimes, the punishment can only be given if there was also guilty intention as well. Thus, it is only with intention that we can determine whether the act committed can be constituted as a crime and if such act is a crime, than it shall be a determinant in the punishment for the said crime as well. The methodology used in this paper is doctrinal.