The General Condition of “Power Over Submission” from the Viewpoint of Imamiyah Fiqh and Iranian Law

The concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, as contractual obligations are not explicitly elaborated in Imamiyah jurisprudence (Fiqh), the principles of contractual responsibilities, including “power over submission”, are expounded within the framework of sales contracts. This signifies that the property must be placed under the control of the obligated party in a manner that enables possession and enjoyment of the delivered item. The current descriptive-analytical research illuminates the ambiguities surrounding “power over submission” in unilateral obligations or those related to administrative, documentary, and tax matters. It extends the universality of this condition from sales contracts to encompass all contractual obligations in Imamiyah jurisprudence and Iranian law. The conclusion drawn is that the ability to enforce an obligation is a prerequisite for the validity of any legal act, whether it pertains to proprietary, and covenant contracts, specified and unspecified contracts, as well as unilateral obligations. Since the legal provisions regarding this condition in civil law are not comprehensive, an amendment to the relevant Articles is suggested for consideration by the legislator.