An In-depth Analysis of the nature of the Collaborative Contracts

One of the most important problems in the banking system of Iran is the formalization of the collaborative contracts, which makes doubts about the realization of the provisions of these contracts. This is partly due to ambiguities of the nature of this contract in the Islamic jurisprudence. Explaining the nature of the collaborative contracts and their realization in the banking system of IRI is the main topic of this paper. According to the research hypothesis, risk-taking of the parties to the contract is the main pillar of the nature of the partnership. The risk of the collaborative contracts' agent relates to income, and in addition, the risk of the capital owner in such contracts, includes the capital. Findings show that, the "discovery-finalist" method is the true method of explaining the nature of the collaborative contracts, which is a combination of four methods of Shahid Sadr's discovery method including, sufficing on to the terms of the contract, conventional analysis and analysis based on the objectives of Shari'ah. Transferring the risk of capital to another person eliminates the nature of the partnership contract; therefore, placing it among the conditions of the collaborative contracts is in contrast to the requirements of the contract and will void the contract. Also, eliminating the risk of the agent in collaborative contracts, and determining the definitive gain for him will void the contract and converts it into a barter trade contract. The decisiveness of the profit of the capital owner in the partnership contracts also changes the nature of the contract itself and will void it.