The Rule of Sanctity of Contracts under the Islamic Law and the Iranian Civil Code

The general legal rule of the sanctity of contracts apply to all types of contracts whether nominate and specific contracts which have special conditions and elements in Islamic law or innominate contracts which have no special name in Islamic law. Articles 10 and 219 of the Iranian Civil Code also speaks of the validity and sanctity of all types of agreements as long as they are not contrary to the law and are validly concluded accordingly, the general rule of the sanctity of contracts applies exclusively to the occasions where the relevant conditions and elements required for a valid contract already exist. As a result, where the validity and correctness of the agreement are recognized, article 219 of the Civil Code and the rule of the sanctity of contracts would apply and we would consider such a contract enforceable, of course as long as no specific reason would have required an exception to this general rule.