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Shariaa' Financing

Istisnaa

Definition: The majority of the jurists consider Istisnaa as one of the divisions of Salam, therefore it is subsumed under the definition of Salam. But the Hanafite school of jurisprudence makes Istisnaa an independent and distinct contract. The jurists of the Hanafite school have given various definitions to Istisnaa, some of which are: "That it is a contract with a manufacturer to make something" and "It is a contract on a commodity on liability with the proviso of work". The purchaser is called "mustasnia" contractor and the seller is called "sania" maker or manufacturer and the thing is called "masnooa" "manufactured, built, made". Istisnaa combines two distinctive traits: * The distinctive trait of Salam as to its permissibility even though the subject of the contract is not existing at the time of contract. * And the distinctive trait of the ordinary absolute sale where by the price is fiduciary not necessarily be advanced as in Salam. Because Istisnaa involves labour besides the materials, it becomes akin to "Ijara" in which deferment of payment is permissible. The bank can utilize Istisnaa in two ways: * It is permissible for the bank to buy a commodity on Istisnaa contract then sell it after receipt for cash installed or deferred price. * It is also permissible for the bank to enter into Istisnaa contract in the capacity of seller to those who demand a purchase of a particular commodity and then draw a parallel Istisnaa contract in the capacity of a buyer with another party to make manufacture - the commodity agreed upon in the first contract. The first Istisnaa can be immediate or deferred (the payment). The payment in the second Istisnaa can be cash or deferred. Stated below are the practical steps which the bank applies in the modes of Istisnaa sale, parallel Istisnaa with reference to the non-existence of any legal relation or financial obligation between: * The purchaser requesting Istisnaa (the end user) in the first contract. * The (maker), manufacturer, (builder) (the seller) who manufactures the article in accordance to the parallel Istisnaa contract. So any disagreements that may arise are settled under each contract separately according to the provision therein.

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