Applying the general rules of contracts on the institution of emancipation in the banking system of the country

In conventional banking (conventional or western) or paying for profit, it is part of the essence of banking operations, and on this basis, the relationship between depositors and the bank, as well as the relationship between the bank and the recipients of the facility, is explained in the framework of a loan agreement with a predetermined interest, but In Islamic banking, in order to prohibit interest, the situation is completely different. Islamic banking, based on the implementation of banking activities in accordance with the rules should regulate all its activities within the framework of Islamic financial instruments, or Islamic contracts, by participating in profit and loss, without considering the definitive profits, in most cases with customers. After the victory of the Islamic Revolution, serious discussions about the Islamic banking system were formed and based on the principles of banking law based on the observance of the rules and based on this contracts were foreseen to meet the requirements of the applicants in the Law of Banking without Raba. Following the implementation of the law of free bank operations since the beginning of 1363, the formation of contracts affected by various factors, such as the lack of funding of applicants for funds within the framework of the existing contracts, is one of the major shortcomings of the Islamic banking system. In order to realize the development of Islamic financial instruments in the country's banking system and to prevent the formation of contracts, the ASTM contract as a new tool was added to the third chapter of the Law of Non-Risk Banking Law in 2011. The newness of the marriage contract, the failure to mention the independent legal title, and its detailed review of civil law, as well as the failure to observe the widespread use of this marriage contract in the country's banking system, presently have many questions about the legal nature, legal history, jurisprudence, and the issues. Theoretical, executive guidelines and strengths and weaknesses of this newly established legal entity are intended to be explored in this article, in which it is attempted to investigate as far as possible the aforementioned issues.