A Comparative Examination of the Nature and Instances of Unfair Terms in European–American Law, Islamic Jurisprudence, and Iranian Law
Keywords:
contract, term, fairness, justice, nature, instanceAbstract
Despite the emphasis of Islamic jurisprudential and religious teachings on justice and fairness—and, consequently, the emphasis placed on this matter within the legal system as its foundation, source, and objective—the concept of unfair terms in Islamic jurisprudence, and by extension in Iranian law, remains characterized by ambiguity and lack of clarity. This stands in contrast to European legal systems, where this legal institution is a well-recognized concept and numerous regulations have been enacted with the aim of preventing and combating such terms in contracts. Accordingly, given the existing ambiguity in jurisprudential sources concerning the nature and effects of unfair terms, as well as the inadequacy of statutory law in addressing this issue, it appears that the appropriate solution must be sought within the general principles of contract law. In this regard, recourse to the principle of justice and fairness is considered an appropriate approach, as this principle is capable of establishing justice in the most effective manner, ensuring that neither party to the transaction is subjected to injustice or undue hardship.
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Copyright (c) 2025 Hassan Hajjar Kargar (Author); Alireza Hassani; Amir Khajehzadeh (Author)
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