Istisnaa and Its Contemporary Applications: Comparative Juristic Study

Author

Assistant Professor in the Department of Sharia Faculty of Sharia and Regulations, University of Tabuk

Abstract

Istisna’ contract, which is: “It is a contract in which he buys at once something that is manufactured, obligating the seller to provide it manufactured, with materials from his own, with specific descriptions, and at a specified price.”
One of the most important modern contemporary financial contracts, in which commercial transactions today have developed and expanded, and is no longer limited to the tide, the saa’, the saa’, the inch, the sale, the patience, the bundle, the garment, the mill, the dirham and the dinar. With billions and a period of tens of years, the manufacture of ships, planes, skyscrapers, bridges, and millions of cars entered the industry, and the transactions transcended the form of cash in exchange for guarantees, bonds, bank transfers and financial insurances. It is like an old fiqh image known in the past, so its conditions are stipulated, or is it really a new one, so it needs to be graduated and careful consideration.
             Not to mention that the interests of states today are based on the Istisna contract, as almost no state or government or private establishment is devoid of it, such as the manufacturing of bridges, airplanes and others.
             Therefore, the Istisna’ contract is in fact a type of independent sale that is not included in any of the other types. It is the most general and comprehensive of contracts, and it is more comprehensive than the sale in terms of the requirement of work, and in terms of the permissibility of delaying the price due to its resemblance to leasing and that the price in it is only worth work and work is a condition in Istisna’ It is more general than the lease that does not require an eye, unlike istisna, and more comprehensive than the Salam that does not include work.

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