Journal of Fiqh and Usul Validity and effectiveness of banaee condition (condition agreed upon before the contract but not mentioned in it) in Iranian jurisprudence and civil law Reza Maqsoodi, Ph.D. Garduate of private law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran Dr. Seyed Mostafi Mohagheg Damad , Professor of Law Department, Shahid Beheshti University, Tehran, Iran(Corresponding Author) Email: m_mohaghegh@sbu.ac.ir Dr. Seyed Mehdi Allameh , Assistant Professor, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran Dr. Alireza Mazloum Rahani , Assistant Professor, Department of Law, Quds City Branch, Islamic Azad University, Tehran, Iran Dr. Hormuz Asadi koohbad, Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran Abstract Before drafting the contract, following preliminary negotiations or on the basis of Islamic business practice and custom, the parties may accept some requirements and make the contract based on it, but do not specify it in the contract or do not need to repeat it in the text of the contract. A dispute has arisen in the validation and identification of the condition agreed before the contract, which is also called banaee, tabani or tavati condition, and the extent of the effect and influence of the condition included in the contract to such conditions. Since the tabani condition is not in the scope of composition and is a preliminary condition, the validity and origin of its effect and the extension of the effect and influence of the condition in the contract to this type of agreement which is neither explicit (conformity) nor implied (implicit) ) is not mentioned in the text of the contract, it is not easily possible and its acceptance faces harmful legal consequences and serious obstacles at the stage of soboot( as something is in reality) and esbat(as we think something is). Keywords: tabani condition, banaee condition, implicit condition, compositional commitment, spiritual condition. Vol. 54, No. 2: Issue 129, Summer 2022, p.137-156 Print ISSN: 2008-9139 HomePage: https://jfiqh.um.ac.ir Online ISSN: 2538-3892 Accept Date: 04-04-2021 Revise Date: 04-04-2021 Receive Date: 27-11-2020 DOI: https://doi.org/10.22067/jfiqh.2021.67107.89806 Article type: Original Research