Validation of the stipulating the Civil Partnership Contract to Gratuitous agency

Abstract

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.

Keywords

• civil partnership contract
• gratuitous condition
• voluntary trade partnership
• usurious loan