نوع مقاله : مقاله پژوهشی
استادیار مؤسسه آموزشی و پژوهشی امام خمینی
عنوان مقاله [English]
One of the problems of Islamic banking is the ignorance of customers about the provisions of the contract, which can be imagined in four ways: Case 1: The customer is unaware of the relationship between the original contract and which of the Sharia contracts it is regulated in. Case 2: The customer, despite knowing the principle of the contract, is unaware of its elements. Case 3: The customer is unaware of how the contract will be executed. Case 3: the customer is unaware of the proportion of materials in the contract. The results of the present study, which was done by descriptive-analytical method, show that the four mentioned forms do not have the same sentence and even a distinction should be made between the deposit contract and the facility contract. In short, it can be said that the first and second forms of ignorance invalidate the facility contract. In the third case, ignorance does not damage the validity of the contract. There are also types of ignorance in the fourth form. Given that banking contracts are regulated by the central bank and are uniformly available to all banks and in fact it is known, so the ignorance of the customer towards them does not pose a problem in the validity of the contract. However, due to the difficulty of understanding the terms of the contract for most of the bank's customers, the proposed solution is that bank managers explain the main provisions of the contract to customers and other materials in the contracts become law, so there is no need to include them in the text.