What is the Istisna' contract, and what are its conditions and rulings?
Istisna' (manufacturing contract): It is a request to manufacture something with specific specifications and materials from the manufacturer in exchange for financial compensation. Scholars differed regarding it. The majority considered it a form of 'Salam' (forward sale) and stipulated its conditions, while the Hanafis permitted it as an independent contract that does not necessitate the conditions of 'Salam', differing among themselves whether it is a promise or a contract. The Islamic Fiqh Academy views it as a permissible independent contract, citing the verse about the barrier of Dhul-Qarnayn as evidence. It offers facilitation for both parties. For its validity, the specifications of the manufactured item must be precisely defined. Mentioning a deadline is permissible (contrary to Abu Hanifa's opinion), and immediate payment of the price is not required. The contract becomes binding on both parties after its conditions are met.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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