Ma`rifat Eqtesadi

In order to make Islamic contracts compatible with the structure and nature of the bank, several conditions are imposed in the bank contracts. According to the jurists, if the conditions cause the destruction of the requirements of the contract, the contract is invalid. There is a difference in the statement of the criteria for determining the validity of the contract and the inseparable effects and accessories of the contract. The present research, by examining jurisprudential and legal sources, achieves the criteria for determining the appropriateness of the contract. Often, in determining the appropriateness of the contract, only the agreement of the condition with the book and tradition or the Shariah of the contract is considered, and the customary occurrence and function of the contract are not paid attention to. In order to distinguish the condition contrary to the requirements of the contract, it is necessary to examine the customary, Sharia, and legal occurrences, as well as the declarations and demands of the contracting parties in the contracts. The current research examines the conditions included in the contract in uniform banking contracts according to the obtained criteria. There are two different views on whether the terms agree or disagree with the requirements of bank contracts. According to the mentioned criteria, several articles of bank contracts destroy the nature and necessity of bank contracts.