Analysis of the Jurisprudential and Legal Aspects of the Condition of Enjoying the Trustee from the Deposit

The deposit contract is the one of famous nominated contracts which are respectable before Shari'a and law. In this regard, the depositor (trustor) shows his trust in entrusting the property to the trustee as known ‘Amin’. Vis-a-vis, the trustee also in fallowing with holly prophet’s conducts (PBUH) in trustworthiness accepts to protect the deposit free of charge. Such acceptances are the essences of deposit contract which have been advised by Shari'a. Although, in accordance with Islam resources, there are lot of argumentations to exclude trustee liability e.g., establishing any clauses which cause to his liability will invalidate the deposit contract absolutely, there is no perfect jurisprudent argumentation regarding validation, revolution or invalidation of contract after establishing some clauses in contrary to depositor interests. Accordingly, in the authors belief, establishing any clauses to impose some commitments on the depositor's burden like contractual payment to trustee would be contrary to the principle and text, thus invalidate the deposit contract. In fact, such commitments conflict with the holly Imams intention in order to promote the pure Islamic rules such as donation. Accordingly, moreover contract invalidation, it is far from fair to call trustee as the Amin too. This study is classified into intentionalism methodology as well as presented the findings in a descriptive-analytical method, and the method of data gathering has been library-based.