Civil Partnership Contract in the Banking System of Islamic Countries and Iranian Law

Civil partnership contract is one of the new contracts that have been established in Islamic banking in different countries. In Iranian legal practice, a civil partnership contract or partnership agreement is a contract in which one or more partners and one or more developers or executors of a project start a joint venture to carry out a specific project. The definition of a civil partnership contract is fully consistent with the traditional form of a partnership contract and has only a few differences that are addressed in this article. Given that the main purpose is to examine the status of civil partnership in Iranian law and Islamic countries, this can include positive points that are useful in assessing the performance of interest-free banking in Iran. In this regard, Musharaka, Mudaraba, Qard al-Hasan and Murabaha partnership contracts are among the contracts used in all Islamic banking systems of Muslim countries. In addition, some contracts, such as Istisna', are more common in Jordan, Saudi Arabia and the United Arab Emirates. It is assumed that in practice, little information is available about the performance of Islamic banks in the field of partnership contracts, how to calculate real profits and possible solutions used by these banks to overcome the implementation problems of these contracts. Similarly, scattered statistics indicate a low share of partnership contracts in the investment and financing activities of Islamic banks in different countries.