Jurisprudential considering the rule of

In some economic activities, productions are produced by sharing work force of the labor with the capital of its owner. Based on the rule of "adherence of interests to property", production is located on the ownership of possessor of the capital, and the work force should be only satisfied with the wage. Accordingly, Contracts such as modarabah (sleeping partnership) have been criticized by some people. Concerning the cooperative companies, this critique is more obvious. In other words, in the cooperatives, we faced with this question that in spite of the mentioned rule, is an economic activity as the form of the cooperatives correct? Based on the raised question, study hypothesis is: If a number of work forces jointly provide capital of an economic activity, they have the right to determine the suitable and limited interests according to the religious standards and their agreement on the capital; and the rest of productions and interests can be distributed among the work forces in terms of amount of their work and their roles on producing output and interest. Therefore, according to the jurisprudential criteria, there is no any problem to establish the companies such as common cooperatives. In order to answer the above question and also to study the research hypothesis, this research has been carried out with the text analysis and library method, and the produced results indicate that the rule is related to the natural interests and such a rule is not applying to the commercial contracts. Assuming that this rule is confirmed, if the economic actives agree to each other, they have right to do based on the agreement. Therefore, the cooperatives in their common meaning, have no jurisprudential problem from this rule.