Ma`rifat Eqtesadi

Undoubtedly, banking mudaraba is derived from Islamic mudaraba, and the legislator's effort is to comply with the principles governing this contract from the perspective of Islam; However, according to Article 4 of the Bank Mudaraba executive contract approved on 19/8/2014 by the Money and Credit Council, it is clear that in this contract, the bank has stipulated the term and forfeiture of the agent's right to terminate, which seems to be against The point of view of the jurists in jurisprudence is against the Sharia. This article aims to verify the validity of these conditions by stating the statements of the jurists and their arguments. In this article, which was written with a descriptive-analytical method, it was concluded that the nature of the mudarabah contract is its authorization, and like other permission contracts, its permissibility is an inseparable part and one of its essential requirements, and the term condition in mudarabah if If it is from the owner, it does not have the condition of non-cancellation, and it does not cause the necessity of a mudaraba contract, but if it is from the agent, its return is subject to the condition of non-cancellation, which is against the requirements of the nature of the contract and is void, and in this matter, there is a difference between the condition of the act and the result. ; A condition in a contract or a condition in a contract is not necessary or permissible; Therefore, the condition of non-termination mentioned in the second paragraph of article 4 of the bank executive contract is invalid.