Istisna Contract and Investigation of its Nature مقاله

خلاصه ماشینی:

This article attempts to prove the hypothesis of the independence of the Istisna contract so that it can be released from the constraints of the specific rules of the chapters of sale (Bay') and lease (Ijarah), and only the general rules of the chapter of transactions shall apply to it. In technical terms, it means a contract in which the manufacturer commits to providing raw materials and constructing the manufactured item according to the descriptions and characteristics mentioned in the contract and delivering it at the appointed time, and the Mustasni' (orderer) also commits to paying the amount agreed upon in the contract. 5 In the view of the Hanbalis, Istisna is not a legitimate transaction; because in a valid sale (bay'), it is a condition that the seller must be able to deliver the goods at a specific time, and a commodity that cannot be delivered at the time of the contract is like a non-existent thing; and just as the sale of a non-existent commodity is not permissible, the sale of a commodity that is similar to a non-existent one is also not permissible. Given that this verse is used by jurists as a general reference and is the basis for many rules related to property and transactions in Islamic law, the validity and legitimacy of the Istisna contract can be realized, provided it possesses the essential conditions of contracts and the consent of both parties. (21)-Mo'men Qomi, Muhammad, Istisna (Manufacturing Order Contract), Quarterly Journal of Ahl al-Bayt Jurisprudence, No. 11, pp.