What are the similarities and differences between the hire of a described object owed as a liability (ijarat al-mawsuf fi al-dhimma) and istisna' (a manufacturing contract)?
Source: FtawySummary from Ftawy's records · added here Oct 24, 2026
The commonality between istisna' (manufacturing contract) and the hiring of a described object for which one is liable (ijarat al-mawsuf fi al-dhimma) is that the contracted object is non-existent at the time of the contract. The difference between them is that the materials from which the contracted object is composed come from the manufacturer in an istisna' contract, and from the hirer in an ijara contract. So, in ijara, the object is from the hirer and the work is from the hired person, whereas in istisna', both the object and the work are from the manufacturer.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 166692
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy