نِيّة

نِيّة

Niyya in the lexical sense is intention. For the Hanafis it is the purpose of obeying and drawing near to God in enjoining the act; for the Malikis the heart's purpose in what one does; for the Shafi'is intending a thing together with doing it; for the Hanbalis the heart's resolve to perform an act of worship seeking God. ^{1 2} It differs from azm, which precedes the act. ² Acts commanded in their form, such as prayer, purification, fasting and the rites, need intention, since their purpose is to honour God by doing them; those whose purpose is met by performance alone, such as repaying debts, do not. ³ Most jurists hold intention a condition of worship; most Shafi'is a pillar of it. ⁴ Acts that could be confused with another of their kind, such as the obligatory prayers and fasting, need specification; it is not required in the pilgrimage, the purifications and zakat. ^{5 6} The schools differ on whether intention in ablution, the major ablution and tayammum must be of obligation or merely of purification; the majority hold intention a condition of ablution, the Hanafis a sunna, and removing filth needs none according to the majority. ^{7 8 9} The schools differ on specifying obligation, performance or making up in prayer, fasting, zakat, the pilgrimage and expiations; the Shafi'is require specification where acts could be confused. ^{10 11 12} Intention is real or constructive: the real one is a condition at the start of worship, the constructive one suffices for its continuance. ^{13 14} Intention cannot be delegated; the schools differ on combining intentions and on splitting intention over the parts of ablution and worship. ^{15 16 17} In fasting, zakat and the pilgrimage the schools differ on the time and the sufficiency of intention. ^{18 19 20} In contracts, intention matters for allusive wording: a clear divorce takes effect without intention, an allusive one only with it; likewise return, zihar, waqf, marriage, emancipation and retaliation; in oaths the Hanafis follow the intention of the swearer if wronged and of the one who demands the oath if he is the wrongdoer. ^{21 22 23 24 25} In jihad, slaughter, hunting and the finding of lost property, intention affects the ruling; hunting is owned by taking even without intention, but the finder who intends to appropriate becomes liable. ^{26 27 28}