معرفت اقتصاد اسلامی

A condition is a kind of obligation and commitment in contracts such as sale. According to the consensus of jurists, a condition that is contrary to the requirements of the contract is void. From the perspective of famous jurists, this condition invalidates the contract. Several criteria have been stated to determine the requirements, effects, and inseparable necessities of the contract, but a comprehensive criterion for determining the requirements of the contract has not been stated. The present study, using a descriptive-analytical method by examining jurisprudential and legal sources, discovers the criteria for determining the requirements of the contract and its effects and inseparable necessities, and evaluates uniform banking contracts based on them. Based on the findings of the study, "the non-conformity of the condition with the customary occurrence of the content of the contract" is the most important criterion for determining a condition that is contrary to the requirements of the contract. Given the existence of examples of non-conformity with customary occurrence and non-conformity with religious occurrence, "the non-conformity of the condition with the customary, religious, and legal occurrence of the contract and the drafting of the contracting parties" can provide a more precise criterion for this issue. The research findings show that several articles of banking contracts in the country's interest-free banking are contrary to the requirements of the contract.