University of Tehran Law Quarterly 2588-5618 38 4 2008 12 21 THE LEGAL STATUS OF CONDITION TO GUARANTEE PROFIT THE LEGAL STATUS OF CONDITION TO GUARANTEE PROFIT 27611 FA Journal Article 1970 01 01 one of important conditions of capital, is the condition to guarantee profit. With due attention of illegality of the free- interest and forbidding of the usury under the Islamic and Iranian law, It is necessary that; the legal status of this condition and it’s legal sanction to be considered It seems that, the condition to guarantee profit is a condition about the performance of act by witch the guarantor promise to obtain the profit that they predetermined by mutual consent. The jurists of Islamic schools, although, believed that; pre-specification of investment profits in any form of partnership is not allowed but there is not any proof to nullify such condition since just as profit may be shared between two parties, the profit of one party may be pre-specified and it dose not contradict any canonical text in the Qur’an and Sunnah. Consequently the condition, according to principle of conditions, is valid one of important conditions of capital, is the condition to guarantee profit. With due attention of illegality of the free- interest and forbidding of the usury under the Islamic and Iranian law, It is necessary that; the legal status of this condition and it’s legal sanction to be considered It seems that, the condition to guarantee profit is a condition about the performance of act by witch the guarantor promise to obtain the profit that they predetermined by mutual consent. The jurists of Islamic schools, although, believed that; pre-specification of investment profits in any form of partnership is not allowed but there is not any proof to nullify such condition since just as profit may be shared between two parties, the profit of one party may be pre-specified and it dose not contradict any canonical text in the Qur’an and Sunnah. Consequently the condition, according to principle of conditions, is valid https://jlq.ut.ac.ir/article_27611_40f82e9aeab8d65884e7e974d84a21ea.pdf