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Conditions Of Istisna Contract

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Conditions of an Istisna contract 1. A contract of Istisna is binding on the contracting parties provided that certain conditions are fulfilled, which include: • Specification of the type, kind, quality and quantity of the subject-matter to be produced. • Price of the subject-matter must be known and the delivery date must be determined. • Customer has the option to accept or to refuse the subject-matter. If it does not conform to the specification agreed upon. 2. It is not allowable for the manufacturer to stipulate in the contract of Istisna that he is not liable for defects. Conditions of an Istisna contract related to agency : 1. It is permissible for the institution acting in the capacity of the ultimate purchaser to appoint, after taking possession of the subject-matter, the manufacturer as an agent to sell the subject-matter to latter’s customers on behalf of the institution. …show more content…

This agency is permissible whether it is carried out free of charge, or for consideration either in the form of a fixed fee on condition that the contract of agency and the contract of Istisna were not entered into in connection with each other. Conditions of an Istisna contract related to Parallel Istisna: 1. It is not permissible to sell the subject-matter to taking either actual or constructive possession of it. However, it is permissible to conclude an Istisna contract to sell an item on the basis of description or specification that is similar to an item to be acquired from a manufacturer and this is called Istisna al- Muwazi (parallel Istisna.) 2. It is not permitted to make any contractual link between the obligations under two contracts (the contract of Istisna and contract of parallel Istisna) when they are concluded. 3. Therefore it is also not permissible for a party to an ordinary Istisna

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