Although some jurists have permitted this on the grounds that it was not stipulated in the contract and that prior agreement and intention have no bearing on contracts, the correct view—supported by the Quran and Sunnah, agreed upon by the Companions, and held by most of the imams—is that such arrangements are forbidden and that intentions are taken into account in contracts. As the Prophet—may Allah bless him and grant him peace—said:

“Actions are judged only by intentions, and each person shall have only what he intended.”

A condition agreed beforehand has the same effect as one stipulated when the contract is concluded.

Allah has rebuked those who evade obligations and treat forbidden things as lawful through stratagems and deception, as He relates in Surah Nūn and in the account of the Sabbath-breakers. It is also reported that the Prophet—may Allah bless him and grant him peace—said:

“Do not do as the Jews did, making lawful what Allah has forbidden through the simplest of stratagems.”

Ayyūb al-Sakhtiyānī said:

“They try to deceive Allah as they deceive children. Had they done it outright, I would have found it less objectionable.”

The evidence for this is set out at length in a substantial work.