The Role of the Qur’anic Verse “Fulfill the Contracts” in Establishing the Principle of Freedom of Contract and Its Application to Novel Contracts: A Comparative Study of Imamiyyah Jurisprudence, Sunni Jurisprudence, and the Laws of Iran and Afghanistan

Abstract

The Qur’anic verse, “O you who believe, fulfill the contracts” (Qur’an 5:1), is regarded as one of the most significant jurisprudential authorities in the field of transactions and contracts. It has consistently been invoked by Muslim jurists and legal scholars in discussions concerning the scope of contractual validity and the legitimacy of novel contracts. The disagreement between proponents of the restrictive or enumerative nature of contracts and advocates of the non-restrictive nature of contracts, particularly regarding whether this verse applies to newly developed contractual arrangements, constitutes one of the principal issues in contemporary Islamic transactional jurisprudence. Using a descriptive-analytical method and a comparative approach, the present study examines the implications of the verse “fulfill the contracts” for the principle of freedom of contract and the extent of its application to novel contracts in Imamiyyah jurisprudence, Sunni jurisprudence, Iranian law, and Afghan law. The findings indicate that the term “contracts” in the verse carries its customary meaning and has not acquired a distinct technical meaning under Islamic law. Consequently, its unrestricted wording encompasses all agreements that are recognized as contracts according to rational and customary practice. An examination of the arguments advanced by proponents of the restrictive nature of contracts further demonstrates that confining the verse to the contractual forms recognized during the period of Islamic legislation lacks sufficient doctrinal support and is inconsistent with the principles of Islamic legal theory governing the unrestricted application of legal expressions. Accordingly, the verse “fulfill the contracts” may be regarded as a jurisprudential foundation for the principle of freedom of contract and for the validity of individuals’ lawful agreements. The study concludes that novel and innominate contracts fall within the scope of the verse and possess jurisprudential and legal validity, provided that they do not conflict with explicit religious texts, mandatory legal rules, public order, or the requirements of contractual justice. The comparative analysis of Iranian and Afghan law also demonstrates that, notwithstanding differences in their jurisprudential foundations and legislative approaches, both legal systems possess the capacity to recognize novel contracts in light of the principles of freedom of contract and the binding force of contractual obligations.