Is the sewing profession, in which the customer contributes part of the raw material (the fabric) and the seamstress completes the rest of the materials (accessories), considered a manufacturing contract (Istisna') or a lease contract (Ijarah), and how is the sewing price determined in this case? What is the ruling on the seamstress dealing with an embroiderer to complete the work, and is this considered a parallel manufacturing contract (Istisna' Muwazi), and what is the ruling on the seamstress mediating in embroidering the customer's garment without sewing it, while making a profit? Are these transactions subject to the rulings of Ijarah or Istisna', and what is the controlling factor in that, especially concerning price determination?
It is permissible, according to , to give fabric to a tailor to sew and embroider it. This is considered both a contract of hire () and a contract for manufacture (istisna'). If the fabric and embroidery are provided by the tailor, then it is solely a contract for manufacture. It is permissible to pay the fee in advance, defer it, or pay a deposit, but the fee is not due until the work is delivered. If the manufacturing material is shared between both parties, the fee is determined by their agreement. There is no objection to the tailor giving the garment to someone else to embroider it; this is called parallel manufacturing (istisna' muwazi), and he is permitted to profit from the difference between the two prices. There is no objection to combining a contract of hire and a contract for manufacture, even if this involves a condition of one contract within another, as long as there is no Sharia prohibition or usurious trickery involved.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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