Ma`rifat Eqtesadi

One of the conditions that has been included in bank Mudaraba contracts since 2015 is the condition of waiving the agent's right to terminate. In this article, we will examine the validity of this condition using an analytical method. Based on Article 4 of the executive contract of bank Mudaraba approved on 19/8/1394 by the Council of Money and Credit, the bank has stipulated the obligation to fulfill the term and waive the agent's right to terminate. Based on the hypothesis of the article, this condition is contrary to the views of jurists in jurisprudence and contrary to Sharia. According to the results of the research, Mudaraba is a permissible contract and, like other permissible contracts, its permissibility is an inseparable part and one of the requirements of its essence; as a result, the term condition in Mudaraba, if it is from the owner, is not associated with the condition of non-termination and does not necessitate the Mudaraba contract; but if this condition is from the agent, its return to the condition of non-termination is contrary to the requirements of the essence of the contract and is invalid; in this context, there is no difference between the condition of act and result, a condition within the contract or a condition within the contract that is necessary or permissible; therefore, the condition of non-termination mentioned in the second paragraph of Article 4 of the executive contract of bank Mudaraba is invalid.