Comparative Study of Conditions for the Purpose of Guarantee in Mudarabah Contracts Perspective of Islamic Jurisprudence and Iran's Civil Law

Contracts for practical investment are made in two forms, direct and indirect. Regarding the differences between the two investment methods, the guaranteed interest conditions for them will also be different. In the first method, which is the interest of direct investment, the owner of the capital is an investment agent too, and only interested investors are determined in terms and conditions. In this case from investment, interest is guaranteed by the fact that the investment recipient is committed to buying products produced at prices that guarantee logical interest for investors. The accuracy of this guarantee condition is ensured in terms of Islamic law and jurisprudence because a commitment to purchase is a necessary condition. But in the second form, unlike the first, investor interest is indirectly decided and guaranteed and conditions are increasingly attractive by carrying out industrial and manufacturing activities. This form of interest is also considered legal and valid both in Islamic law and Iran's Civil Law and practically based on the principles of conditions and article 234 of Iran's civil law. So, the main question of this research is how valid are the guaranteed interest conditions in Iranian jurisprudence and law?