Study of the" Freedom of Contract " principle in Setting the Revocation Clause as a Condition in Marriage Contract under the Iranian Statutory Law and Islamic Jurisprudence

The will of persons has a great influence on the formation of contracts and their effects. In fact, the determination of parties is the focal point of social and legal relationships. Based on the" freedom of contract or free will" principle, people are free to make their contracts in such a way that no limitation may be imposed on them to preserve any conditions or stipulations in contract-making.

However, the religious scholars of shite and Sunna believe unanimously that the revocation condition under the marriage contract is excluded from the scop of this principle and consequently void although there is no religous order by the prophet on this issue .

Following the opinion of the religious scholars, Iranian legislator has ignored the free will of the couples and treated this condition as a void condition or clause in marriage contracts as Article 1069 of the Civil Code provides so.

Criticizing and rejecting all reasons provided by the scholars , the author believes that the free will of the parties to a marriage contract plays a great role in setting such condition and its legitimacy .To support such position , he refers to Quranic verse" calling all for fulfilling their obligations" and quoted speeches of infallible sons of the prophet of Islam calling for respecting those conditions not violating orders of Quran and tradition of the prophet and his sons as well as the social environment requirements to which the exclusion of revocation clause may result in damages financially and psychologically