Imami Jurisprudence Approach to Commutative Justice and its Impacts on Addenda to Contracts

Commutative justice means rule of will, prohibition of State’s intervention in private contracts and considering the contents of every kind of agreement as being fair. Parties of a contract are the best judges for their own interests and their decisions are legal and binding. ‘Commutative justice’ has no history in Imami jurisprudence; in the jurisprudence of contracts, however, jurists have accepted the wills of the contracting parties as the main basis of obligations under some conditions.If jurists’ works are studied and ‘proofs’ such as rules of taslit and conditions for veracity and prohibition of conversion are taken into account, at the first look, it may be found that Imami jurisprudence inclines to accept commutative justice. But, if proofs and rules such as the rule of‘no harm’, prohibition of usury transactions, the principle of equity, and public guardianship are considered, the result will be different and according to which many addenda to contracts (if they include, because of monopoly of one party and urgent conditions of other party, strange and unfair terms) are not according to Imami jurisprudent legally forcible.