An Investigation into the Degree of Consistency between the «Contract» and «Operation» of Civil Partnership and Legal Rules in the Banking System of the Islamic Republic of Iran

Investigating and solving the problems of civil partnership contract is one of the necessities of Islamic banking. This paper examines the status of civil partnership contract in the Islamic Republic of Iran's banking system in terms of consistency with the legal standards in the stages of concluding and implementing. In this regard, using a comparative-analytical research method and a questionnaire, we will examine the consistency of this contract with legal standards. Based on the research hypothesis, " civil partnership contracts in Iran’s banking system, are not fully compatible with legal standards" in terms of the provisions of the contract and its implementation, and the referred standards include the general and special jurisprudential rules of the company's contracts, as well as its standards in the Organization of Accounting and Auditing of Islamic Financial Institutions (AAOIFI). According to the research findings, which confirm the research hypothesis, the provisions of the civil contract suffer from weaknesses in terms of compliance with the Sharia. The results of a questionnaire indicate that the banking system of Iran is not in complete agreement with the legal requirements. To solve this problem, it is possible to use such methods as the amendment of the contract provisions, assignment of this contract to specialized and investment banks, establishment of an institution for beyond bank legal supervision to monitor the proper implementation of this agreement, strengthening the supervisory aspects of intra- bank and assigning supervision to intermediary institutions.