چکیده:
Istesna' contract is a contract that can be useful in the money and capital markets. There is disagreement about its validity among the jurists. Some of the old Imamiyyah think it is invalid and some think it is permissible. Those who think it is permissible, do not have agreement in the nature of this contract as independent contract or a kind of Salaf contract or Ijarah contract or … . These differences can be helpful in explaining and analyzing some of bugs entered into this contract. Most of jurists consider it to be an independent contract. Differences in nature will result in differences in its judgments. In this study, by assuming the validity of the Istesna' contract and accepting it as an independent contract, although not without problem, the attempt is to investigate the content of the bank Istesna' contract. And some of the content of this contract that is challenging in jurisprudence has been criticized and the validity of some of the content and invalidity of others have been defined.
خلاصه ماشینی:
Istisna, 88 is a manufacturing order contract between two persons, whether natural or legal, based on the production of a specific good or the execution of a project with special characteristics in the future, in which the order recipient, upon receiving the price at the agreed time—where part of the price is in cash and part is in installments proportional to the physical progress of the work—undertakes to provide the raw materials and goods required for the project themselves and, at a specified time, deliver the desired good or project to the orderer.
" Also, in Article 8 of the executive instructions for the Istisna contract of the Central Bank of the Islamic Republic of Iran, it is stated that: "In the first Istisna contract, the amount and the method of payment must be known and specified, and at the time of concluding the contract, the customer must pay a percentage of the amount of the intended assets to the bank.
". Article 11 of the Executive Instructions for the Istisna Contract of the Central Bank of the Islamic Republic of Iran also states that: "After the completion of the intended assets according to the conditions set forth in the first Istisna contract, the customer is obliged to take delivery of them, and in case of refusal, the responsibility for the consequences shall lie with the customer.
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