A Review of the Principles for the Legitimacy ofthe Indefinite Contracts in the Islamic Law through aComparative Approach

One of the principles dominating the private contracts between individuals is the principle of the supremacy of will or the liberty of contract. This principle is considered as one of the main discussions of the contract law. According to this principle, the contracting parties are free in choosing the other party of the contract as well as the shape, form, amount, and conditions of the contract, lest limited by law, good behavior, or public order. Although the shape and form of some contracts have been specified in the civil code, the contracting parties can draw upon the liberty of contract principle to choose a form and shape other than the fixed contract. Article 10of the civil code of the Islamic Republic of Iran is the main supporter of the liberty of contract principle. Regarding the Islamic law, the jurisprudents have extracted numerous proofs and arguments from the Islamic traditions and texts and have introduced them as the principles of the liberty of contract