Analysis of the Validity of Aamal Partnership Based Upon Iranian and Islamic Law

Jurists belonging to various Islamic sects, based on the type and combination of raised capital, have divided partnership into four types of Anan, Aamal, Vojouh and Mofavezeh.Opinions differ greatly over the definition,conditions and validity or invalidity of these types of partnership.Disputes among Islamic jurists and legal scholars over the definition, validity or invalidity of Aamal partnership are more extensive in comparison to the other types, due to its prevalence in society. The most important reasons expressed by the proponents of the validity of Aamal partnership is related to the existence of some Hadiths,silence-based consensus, the principle of validity, special concern of Islam for earning livelihood and cooperation and the nature of Aamal partnership being close to that of certain Islamic contracts like mandate and Mudarabah.Instead,the opponents point out the impossibility of mixing actions, uncertainty,consensus,lack of shariah-based evidence in support of the validity of Aamal partnership and impossibility of this type of partnership to be addressed under Mubahahat.