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Mohammadreza Javid, Mohammadreza Rabeie Mandajin,
Volume 6, Issue 22 (6-2018)
Abstract

Islam emphasizes all social issues, especially healthy economic relations. What has led to the need to examine and address the issues of contracts in Islam and the contracts of support in Islamic banking, is the existence of various contracts in the society. In this research, it is tried to examine the compatibility of the contracts of support in Islamic banking with the contractual and religious principles recommended in Islam, after defining and clarifying the contracts and principles in the verses of the Holy Quran and explaining its nature. Identifying types of contracts, examining the foundations of legitimacy and clarifying their pillars and effects in support contracts in Islamic banking, and observing all aspects of it in current affairs of the bank have been done. The main question of the present research is to what extent Bank Shahr support contracts comply with the provisions of the recommendations and orders in Islamic contracts. In this regard, five types of contracts used to support Bank Shahr have been investigated in order to comply with the recommended conditions in the Quranic verses of the Holy Quran. The research method in this study is integrated content analysis. The research findings showed that in three types of banking contracts -purchase of items, design, procurement and commissioning of equipment, service and maintenance of equipment-, up to 82% of compliance and in two types of contracts - assignment of interests and the right to exploit land and lease property-, there is up to 91% compliance with Islamic conditions and recommendations for contracting. 

, ,
Volume 11, Issue 44 (11-2023)
Abstract

Commercial interactions between countries in this century are going on at an unpredictable speed, and in many cases, the regulation of the legal regulations governing them is done slowly. Considering that the legal sources of our country are derived from jurisprudential sources and to some extent the topics of the world's legal day today, it has made us to search for topics within these sources that by updating and explaining them, we can meet the needs of the Islamic society of our country. Liquidity absorption and the ever-increasing growth of business interactions provide the appropriate response. Therefore, one of the most important topics is the introduction and explanation of the Istisnaa contract, a contract that expresses the meaning of a request to build or an order to build an object or something. This article, using a library method, seeks to answer the question of whether Istisnaa contract is considered a new way to facilitate Iran's international exchanges with other countries in a comparative comparison with the Convention on the International Sale of Goods (Vienna 1980) or not? The findings show According to the opinion of some jurists and jurists, who consider it to be related to Article 10 of the Civil Law, this contract can be used as a basis for more interaction between the parties, especially In the field of paying the price and providing the compensation.


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