What is ‘Aqd al-istisnaa’?
What are the rulings and conditions governing it?
‘Aqd al-Istisnaa’ (contract to have something made or done)
Question: 2146
Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.
‘Aqd al-istisnaa’ – which is a contract that applies both to the labour and the product itself – is binding on both parties when it is drawn up in accordance with certain conditions.
The following conditions apply to ‘Aqd al-istisnaa’:
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Clear statement of the type, amount and required features of the work to be done or product to be made.
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Specification of the time frame involved.
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In ‘Aqd al-istisnaa’ it is permissible to delay paying the full price, or it may be paid in installments at specific times over a limited period.
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It is permissible for ‘Aqd al-Istisnaa’ to include a penalty clause stating what the two parties have agreed on, so long as there are no circumstances beyond their control. And Allâh knows best.
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Source:
Majma’ al-Fiqh al-Islami, p. 144