Examining the conditions for the validity of the terms and conditions of the Mudarabah contract in Islamic banking

According to religious injunctions, the main condition for the success of using Islamic investment tools is mutual trust in each other and the skill of the agent and agents. Therefore, Islam emphasizes that before engaging in trade, one must learn its rules and etiquette, and those responsible must be committed to carrying out Islamic rules in investing and trading; but today, due to ignoring the issue of learning and observing the rules of trade, mutual trust has unfortunately diminished. For this reason, banks impose conditions in Islamic contracts that are typically considered contrary to the requirements of the contract by jurists and cause complexity in the contract and ultimately create unequal conditions in favor of the bank and to the detriment of the customer. Therefore, this research has attempted to examine the Mudaraba contract, which is a common tool in Islamic banking in most Islamic countries, especially Afghanistan and Iran, through a descriptive-analytical method. In the Afghan banking contract, the "Islamic Bank of Afghanistan" tries to receive people's funds in the form of a Mudaraba contract as an agent in its contract. Although the nature of the Mudaraba contract requires that the possible loss be from the owner of the capital, the Islamic Bank of Afghanistan, as the agent, emphasizes the condition that the possible loss be from the capital and capital profits; but in the Iranian banking contract, because the bank is the owner of the capital and the client of the agent, they have put in several conditions, some of which, according to the jurists, are contrary to the requirements of the contract; such as the condition of the agent's guarantee, the agent's right to terminate the contract and receiving a penalty for delay, etc. In general, when banks use the Mudaraba contract, they try to unilaterally impose conditions that are in the bank's favor.