Document Type : scientific
Authors
1 Graduate of Level Three, Khorasan Seminary, Mashhad, Iran
2 PhD Candidate in Criminal Jurisprudence and Level Four Seminary Student, Khorasan Seminary, Razavi University of Islamic Sciences, Mashhad, Iran
3 Graduate of a PhD in Private Law and Level Four Seminary Studies, Khorasan Seminary, Razavi University of Islamic Sciences, Mashhad, Iran
Abstract
This study adopts an analytical comparative approach to examine the formation and verification of intent in metaverse contracts under the foundations of Imami jurisprudence and United States contract law. The central question is whether traditional doctrines of intention and consent such as the Imami juristic maxim al-‘uqud tabi‘atu lil-qusud, which grounds contracts in the parties’ intentions, and the U.S. doctrines of objective intent and mutual assent are compatible with the avatar-based and algorithmic structure of the metaverse. It further asks to what extent system behaviors, algorithmic responses, and avatar-generated behavioral data may constitute reliable indicators of intent and consent. The methodology combines doctrinal analysis of classical Imami sources, an examination of U.S. contract doctrine on the manifestation of assent, and an assessment of the legal nature of digital instruments. The research is conducted within the established framework of Imami jurisprudence while adopting a comparative lens to apply these principles to the novel phenomenon of the metaverse. The findings reveal that Imami jurisprudence prioritizes internal will and actual intent, whereas U.S. law grounds contractual validity in external manifestations of intent assessed through an objective behavioral standard. In the metaverse environment, particularly given the role of avatars, automated behaviors, and attribution challenges, this divergence significantly complicates the process of establishing valid consent. The article concludes by proposing a legal criterion for ascertaining intent in digitally mediated and partially unconscious environments, offering a theoretical framework adaptable to both legal systems and capable of informing future digital contract regulation.
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