عنوان مقاله [English]
The principle of contractual freedom [the principle of freedom of contract] is one of the most important principles and foundations of private law in the West, which has important effects and consequences in society. Western legal rules can only be entered into our law, if they are approved by Imami jurisprudence. The noble verse ﴿أَوْفُوا بِالْعُقُودِ﴾ in some legal books has been mentioned as the Quranic principle (foundation, basis) and reason of the for this principle. This research has sought to analyze this indication by a descriptive-analytical method and an ijtihād (Arabic: اجتهاد ijtihād, lit. physical or mental effort) approach, and finally, by examining different principles and expressions of jurists from the holy (noble) verse does not accept the indication of the holy verse on the principle of contractual freedom.