Tracing the Theory of the Cause of Contract through its Effects in Islamic Legal System

In the eyes of wisemen, the cause of a contract is the main purpose of wise-men in its conclusion. In French law, many regulations relation to commutative contracts are justified and interpreted based on this approach. In contrast, in Iranian law and jurisprudence, it is not mentioned, and instead, "legitimacy of the purpose of contract", "intention and consent of the parties" and “necessity of subject“ for a given contract are required. Some believe that the latter requirement provide the purpose of the contract. However, there are questions that can be justified only in the light of belief in the cause of contract, such as the right of Habs (lien), the responsibility of seller against total loss of the subject matter of contract before taking its delivery, options (i.e., power to cancel a contract) such as delay in paying the contract price, Ghabe (lesion) expensive, defeat, inability in delivery, nullity of contract as a result of non-dining to its indications. This research tries to show the theory of cause of contract in jurisprudence by the "Inni" method and concludes that the content and indications of this theory have been observed by Islamic jurists in the process of reasoning and justifying the mentions instances, although they have not made any clear reference to.