The Effect of Contract on Condition in Terms of Necessity and Permissibility: A Comparative Study of Imami Jurisprudence and the Law of Iran and Egypt .

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Sabri Majd Ahmad; Miri Mahdi; Khodroisi Mohammad Reza; Mohamadi Reza

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Journal Paper

Paper Information

Journal: COMPARATIVE STUDIES ON ISLAMIC COUNTRIES LAW Year:2025 | Volume:3 | Issue:2 Page(s): 1-22

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Title

The Effect of Contract on Condition in Terms of Necessity and Permissibility: A Comparative Study of Imami Jurisprudence and the Law of Iran and Egypt .

Author(s)

Sabri Majd Ahmad | Miri Mahdi | Khodroisi Mohammad Reza | Mohamadi Reza | Issue Writer Certificate

Keywords

Condition within a contract

Necessity of condition

Permissibility of condition

Necessary Contract

Permissible contract

Abstract

Regarding the effect of the primary contract (aqd) on the ancillary condition (shart) and the dependence or independence of the ancillary obligation, different views exist. The prevailing view among Imami jurists (fuqaha) holds that the condition follows the contract regarding its binding (luzum) or revocable (jawaz) nature; therefore, a revocable condition within a revocable contract is not binding. Conversely, some others have considered the condition binding for the duration of the contract's legal existence.This research, using a descriptive-analytical method, aims to argue that, aligning with the non-prevailing view, it is possible to hold that a condition within a revocable contract is binding and to reject the associated forms and formalities. Considering the principle of party autonomy mentioned in Article 10 of the [Iranian] Civil Code, the aforementioned approach can be accepted, and stipulation within a revocable contract—except for contracts based on permission ('uqud idhniyya)—can be affirmed as valid and considered binding. Unlike contracts based on permission ('uqud idhniyya), which, due to the nature of permission, are all revocable and terminable and do not lose their nature even if stipulated within a binding contract, in other types of contracts, a condition stipulated within a revocable contract will be binding. This approach can be supported by carefully considering the Egyptian Civil Code, as well as Article 147(1) of the Iranian Civil Code (which regards the contract as the law between the parties, reflecting pacta sunt servanda), and also taking into account the principle of party autonomy and other texts that explicitly affirm the validity of conditions within both binding (lazim) and revocable (ja'iz) contracts.

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