One of the common Contracts in the Islamic banking system is the Civil Partnership Contract adopted from voluntary trade Partnership in Imamiah jurisprudence. According to Article 7 of Civil Partnership Contract, taken from their participation in the Central Bank’ s Civil Partnership model, that was approved in 2013, the responsibility for managing the company's affairs is voluntarily (gratuitously) on the partner under the supervision of the bank and based on the agreed upon documents. As in voluntary trade Partnership (properties Partnership) and consequently, in the Civil participation Contract, the agent is entitled to be paid, gratuitousness of the bank partner agency in the Civil Partnership Contract will question its legitimacy. Therefore, the investigation of the authenticity and legitimacy of such a condition of the above mentioned Contract is of paramount importance. In the present research, which was conducted using descriptive analytical method, it was found that the gratuitous Contract is contrary to the Islamic law and the nature of the Contract. As a result, it is void and will turn the nature of the Civil Contract into a prohibited loan based on the religious norms.

A defining characteristic of the Civil Partnership Contract is the joint ownership of partners’ assets, which is intrinsically linked to the legal concept of authorization (permission). Consequently, the revocation of authorization results in an abrupt cessation of economic interactions within this legal framework, leading to harmful outcomes such as the loss of benefits derived from the shared assets during an indefinite suspension. This situation increases the likelihood of premature and detrimental dissolution of the Partnership. Existing solutions, which reflect a dual nature combining the binding effect of joint ownership Contracts and the permissibility of agency Contracts, fail to effectively address the adverse consequences of revoking authorization. Furthermore, deeming the Civil Partnership Contract as binding conflicts with the fundamental principle of cooperation and collaboration that forms the foundation of this legal institution. This study, employing a library-based analytical approach, demonstrates that the harmful effects of revoking authorization arise from the permissive nature attributed to the Civil Partnership Contract, which is clearly inconsistent with Islamic jurisprudential-legal rules and economic efficiency. To resolve these contradictions, it is proposed that where revocation of authorization would result in the loss of benefits from jointly owned assets and cause harm, the principle of Lā ḍarar (no harm) should be invoked. According to the principle of Lā ḍarar (no harm), the implicit condition of continuous and proper use of jointly owned property, the principle of upholding the Contract, the condition of maintaining Contractual balance, and the interpretation and supplementation of explicit and implicit Contractual terms based on economic efficiency, the permission (authorization) is presumed to remain in effect until it is terminated without causing harm.

Efforts were made to design and implement usury-free banking in Iran through the law of usury-free banking operations. One of the ways to deal with usury in this law is the design of Partnership Contracts, which include Civil Partnership, legal Partnership, mudarabah, mazarah and masakat. Each of these Contracts has certain legal challenges that need to be taken into consideration. The main purpose of this research is to examine the jurisprudence of the Civil Partnership Contract and analyze its jurisprudential challenges with the ijtihad method. Also, some of the most important implementation challenges in the country's banking system have also been examined. The results of the research indicate that the most important and basic jurisprudential challenge of this Contract is to change the jurisprudential nature of the company Contract from a Partnership Contract to an exchange Contract. In the criticism of the provisions of the Contract, 13 jurisprudential problems have been raised, the most important of which are problems such as the customer's voluntary management of the company's property, the obligation to compensate for damages, the obligation to purchase the company by the customer, the responsibility to compensate for the loss caused by legal action, and mortgage before proof of debt. , guaranteeing the trustee and committing to pay possible expenses. The most important implementation challenges are the risk of bad choice, regulatory problems, calendar and valuation of non-cash capital and changing economic conditions and market risk. In this regard, in order to solve the mentioned problems and make optimal use of the capacity of the Partnership Contract, it was suggested that in addition to reforming the channels of money entering the bank through amending Contracts and training and justifying employees, managers and people, the channels of money entering the banking system should also be separated. This will increase the expertise of banks in certain areas and increase the quality of their work.

The diminishing Partnership is a Contractual arrangement in which, through a Stipulation within the Contract, the partners are obligated to gradually buy and sell shares. Due to misunderstandings about the nature of this Partnership, several jurisprudential objections-particularly from contemporary Sunni jurists-have been raised regarding this commercial arrangement. Concerns have been raised regarding the possibility of two Contracts within one, the presence of excessive uncertainty (Gharar), the exchange of debt for debt (Kālī bi-l-kālī), the suspicion of a usurious loan and the use of legal stratagems (Ḥiyal al-Ribā), its inconsistency with the requirement of immediacy (Tanjīz) in Contracts, and its resemblance to Bay‘al-‘īnah. This study briefly examines the nature of the diminishing Partnership and addresses these objections. It argues that the basis for rejecting these doubts lies in attention to three key elements of the diminishing Partnership: 1.Recognizing the stipulated condition as a commitment to enter into a sale in the future, rather than an immediate realization of the sale; 2.The absence of any guarantee of profit or property by either party in this arrangement; 3.The partners’ awareness of the possibility of both profit and loss in this type of Partnership. Employing a descriptive-analytical method and library-based research, this study examines these jurisprudential objections in detail and ultimately concludes that none of the raised objections are applicable to this Contract.

Civil Partnership agreement is one of the common methods of allocating resources and granting facilities in the country's banking system, which is based on the Partnership of capital owners. The standard nature of the form has led to the inclusion of conditions that unilaterally serve the interests of the bank and the rights of the customer are ignored. These conditions, known as "imposed conditions", are the subject of this article and it has been tried to identify the meaning and examples of these conditions in Civil banking Partnership agreements and based on jurisprudential and legal principles, the case Be analyzed and evaluated. The results of the present study, which was done by descriptive-analytical method, show that these conditions have been formulated without using the real results of the principle of sovereignty of the will, and in them, no place has been considered for the free will of the facility applicant. In addition, the mentioned conditions have violated the principle of justice and fairness, which is one of the basic principles of jurisprudential rules and the basis of conscience and unauthorized exchange Contracts.

One of the bank Contracts which is significant in both allocation and equipping of sources is limited Partnership Contract. The agent in this Contract is considered as trustee and his claim on termination of stock without being excess or negligent is accepted. He would be agent‘s associate in both benefits and losses. Therefore this Contract won’t have an economic justification in banking operations, so in order to keep limited Partnership Contract in banking Contracts and also put the liability of stock on the agent, the Islamic researchers have suggested some solutions like condition of liability to be brought as an implicit alternative Contract. However, two aspects are to be considered for validity of condition of liability; first, it should not be against the exigency of the Contract of liability and second it should not be opposing with Quran and narrations. Although some are arguing about the nullity of condition of liability if it is against the exigency of Contract, we will try to review and discuss about that theory based on narrations and approaches of lawyers and Islamic scholars and finally we would suggest a new theory which is called “disaccord of condition of liability with Quran in limited Partnership Contract”.

In the Contract of Partnership in the Imamiyyah jurisprudence, the profits from the Partnership are divided in proportion to the share of each partner in the company's assets. However, this article studies the possibility that one of the partners takes more profits than its share ratio without any consideration for that. In addition to the importance of this matter in the quality of dividing profits in the Partnership Contract, the lawfulness or unlawfulness of the condition of taking higher profits without a consideration is very important in the mechanism of distribution of profits among its agents in the economic system as well as the nature of the wage of the worker in the labor law. This article aims to present a view about the possibility of making a condition to take a profit higher than the proportion of the individual's share of the company's shares based on the principles of Imamiyyah religion. The scope of the research, is a brief study of the abovementioned condition in the Civil code and the views of the jurisprudents, and its detailed study in the opinions of the jurisprudents. This study presents a view based on the validity of the above condition in Imamiyyah jurisprudence. The result of the study can be used for presenting a criterion for dividing the profits and losses in the Partnership Contract, elaborating on the mechanism of distribution of profits among its production agents and the nature of the wages of the worker in the Imamiyyah jurisprudence.

Contract interpretation in the Iranian legal system, as one of the fundamental basis of Contract law, plays a vital role in understanding and correctly implementing the will of the parties. Given the complexities of legal and commercial relations, ambiguity, silence, or conflict in the provisions of Contracts can lead to serious disputes. This article examines the necessity, goals, functions, and challenges of Contract interpretation in Iranian Civil law and, by analyzing the relevant legal articles, especially Articles 220 and 224 of the Civil Code, emphasizes the importance of interpreting Contracts based on the customary meaning of words. Also, this research identifies the reasons for interpreting Contracts, including ambiguity, silence, and conflict, and examines the legislator's approach to interpreting Contracts and the principles of interpretation in Iranian law. The results of this study show that Contract interpretation not only helps to discover the true intentions of the Contracting parties, but also leads to maintaining public order and justice in Contractual relations. Finally, the need to establish a clear and comprehensive framework for interpreting Contracts is emphasized in order to reduce disputes and facilitate international commercial relations.

Thanks to the grace of Alim, whom Sati promised to be able to bring agriculture and agriculture from the perspective of Islamic law, that is, a religion that defeats a tree branch as the breaking of the wing of angels, and the honor of its leader is the construction of palm trees and digging the well to irrigate it for Mine The food is needed by the community. From the religious point of view, the word of God begins by reading and learning, and it differentiates between the world and the illiterate. Therefore, humanity has restrained that by paying Khums and Zakat of agricultural products and income in public affairs, it would improve the livelihood of the poor people of the society by joining the Resurrection tree to the Resurrection. Also, in the field of agriculture, there are advanced and codified laws in jurisprudence known as Mosqat which illustrate the rights and issues of law.

The present paper aimed to assess a comprehensive risk analysis in public-private Partnership (PPP) infrastructure projects using library studies and surveys in transportation infrastructure projects. By separating risks through Delphi technique based on expert opinions, 42 structural risks and 41 operational risks in 12 main areas including political, economic, laws (regulations), cultural (social), environmental (natural), preparation (development), investment, Design, construction (completion), operation, revenue (market), management (organizational) were identified. Then, using a questionnaire survey and data analysis in SPSS, screening and determining the preferred risks based on statistical tests including Kolmogorov-Smirnov (K-S) tests, Kendall ranking and factor analysis were performed. Based on the results, 36 risks with lower Kendall mean were eliminated and the remaining 47 risks were analyzed. Also, by factor analysis, the main components affecting the incidence of risk in these projects were identified according to the factor load of the main variables (12 areas of risk). The results of KMO index and Bartlett sphericity test showed that there is a significant relationship and strong correlation between the variables. The five latent factors, including government, financing, operational, social and organizational risks with specific values greater than 1. 0, were able to explain 69. 817% of the variances. Critical risks were identified by developing an integrated assessment approach based on the Relative Significance Index (RII) and the occurrence-effect intensity (PI) matrix. According to the results, the risks of "interruption of payments by the government", "termination of the Contract by the government and cancellation of the Contract" and "corruption of the government system in the process of concluding the Contract" with a PI of 0. 2166, 0. 2161 and 0. 2003, respectively are among the critical risks were identified.