FIQH MUAMALAH

Prepared by Vega Agnitya Eka Pangesti

TOPIC OUTLINE
Definition of Istisna'
Pillars of Istisna'
Flow of Istisna'
Types of Istisna'
The Differences between Istisna' & Salam
Example of Istisna'
Shariah Foundation
Basic law of Istisna'
Mechanism to Fulfilling the Shariah
 The word istisna’ derived from the arabic verb
“istasna’a” which is mean to request someone to
manufacture an asset.
Bay’ al-istisna’ is defined as a contractual agreement
with manufacturer to produce items with specified
description at a determined price, and manufactured
from his own materials with his own effort.
 ACCORDING TO THE VIEWS OF SCHOLARS:
1. Hanafi
‫ﻋﻘﺪ ﻋﲆ ﻣﺒﻴﻊ ﻓﻲ اﻟﺬﻣﺔ ﺷﺮط ﻓﻴﻪ اﻟﻌﻤﻞ‬
A contract for something insured on the condition of working on it. So if someone says to someone else who has
expertise in making something, "Make for me something with the price of so many dirhams", and that person
accepts it, then the istishna 'contract has taken place in the view of this school.
2. Hambali
‫ﺑﻴﻊ ﺳﻠﻌﺔ ﻟﻴﺴﺖ ﻋﻨﺪه ﻋﲆ وﺟﻪ ﻏﻴﺮ اﻟﺴﻠﻢ‬
The meaning is the buying and selling of goods that are not (not yet) owned which are not included in the
greeting agreement. In this case the istishna 'contract they equate to buying and selling by making (‫)ﺑﻴﻊ ﺑﺎﻟﺼﻨﻌﺔ‬.
3. Al-Malikiyah and Ash-Shafi'i
‫اﻟﺸﻲء اﻟﻤﺴﻠﻢ ﻟﻠﻐﻴﺮ ﻣﻦ اﻟﺼﻨﺎﻋﺎت‬
An item that is handed over to someone else by making it. Bai ʻal-istishna ’is a sale and purchase agreement in
the form of an order to make certain goods with certain criteria and conditions agreed between the buyer
(buyer) and the seller / Shani. Shani will prepare the ordered goods according to agreed specifications where he
can prepare it himself or through other parties. Both parties agree on the price and payment system, whether
payments are made in advance, through installments, or deferred until a time in the future.
 It is an order to producer to manufacture a specific
commodity for the purchaser.
The emphasis in istisna is the specificity of subject
matter to avoid gharar (uncertainty) ensuring that
the seller cannot transact with something that
cannot be accurately described; one can describe
equipment, a factory or an industrial plant, but not
fish in the sea prior catching them since their type
and volume is unknown.
Upon delivery, the IFI sells it to the customer at a
prevailing market price comprising original
acquisition price and a margin of profit.
The customer repays by installments within a period
and in the manner agreed between the IFI and the
customer.
According to jurist, the legality on an istisna’ contract is established
from different legal sources such as the Sunnah, ijma’, qiyas and
istihsan.
There is no differences of opinion on its permissibility. It clearly can
be seen from hadith:
Indeed that the Prophet s.a.w booked the making of a golden ring
The istisna’ contract is legitimate on the basis of the people’s
customary practice of this contract in all periods of time without
any objection, which in turnconstitutes a legal consensus.
MUSTASNI’
Customer
SANI’
Manufacturer
RA’S AL-MAL
The Price
MASNU’
The Product
SIGHAH
Ijab (Offer)
Qabul (Acceptance)
 CLASSICAL ISTISNA’ PARALLEL ISTISNA’
The normal istisna’contract that Contractual agreement consists of two
involves two transacting parties; the series of seperate istisna’ contracts
customer (mustasni’) and the whereby the first istisna’ contract is
manufacturer (sani’) between the ultimate purchaser
(customer) and the seller (bank), who is
responsible for delivering the specified
asset to the purchaser.
 EXAMPLE
In order to manufacture power plant, the parties in the
istisna contract will be: the manufacturer who will construct
the plant, the Islamic bank who will finance the project and
the customer who is in need to manufacture the plant. In
order to make a valid istisna, upon request of the customer,
the bank will agree to manufacture the power plant at a
pre-determined future time at an agreed price and will fix
all requirements and completion time etc. In return, the
customer will pay the agreed price as per agreed clauses on
the contract; which might be in advance, in installments or
later.
Bai 'salam is a trading agreement that is permitted, this is based on the arguments
contained in the Qur'an, Al Hadith or ijma ulama. Among the propositions (Islamic
principles) that allow the practice of buying and selling greetings are as follows:
1. ‫ﺴﻤ ﻰ َﻓﭑ ْﻛ ُﺘ ُﺒﻮ ُه‬
َ ‫ﻞ ﱡﻣ‬
ٍ ‫ﺟ‬
َ ‫ﱃأ‬ ٰ ِ ٍ ِ ِ ٓ َ َ ‫ٰﻳَٓﺄَﻳﱡ َﻬﺎ ٱﻟ ﱠ ِﺬ‬
َ ٓ َ ‫ﻳﻦ ءَاﻣ ُﻨﻮ ۟ا إ َذا ﺗَﺪَاﻳَﻨ ُﺘﻢ ﺑ َﺪ ْﻳﻦ إ‬
"O you who believe, if you do not bermuamalah in cash until a certain time, make it in
writing ..." QS. Al Baqarah (2): 282
Referring to the validity of the practice of buying and selling greetings. This verse is the
longest verse in the Qur'an. This verse provides a clue that when Muslims make
muamalah transactions in due time, it should be recorded to avoid disputes in the future,
and in order to maintain the contract / transaction that has been done.
2. "Whoever makes greetings, let him do with clear measurements and clear scales, for a
known period of time"
Imam Bukhari's hadith from Ibn Abbas is a proposition that sharih explains the validity of
buying and selling greetings.
3. The ulama agreement (ijma ') of the sale and greetings may be quoted from Ibn
Mundzir's statement which said that all scholars (ulama) had agreed that the sale of
greetings was permitted, because there was a need and need to facilitate human affairs.
Owners of agricultural land, plantations or commerce (manufacturing) sometimes need
capital to manage their businesses until they are ready to be marketed, so buying and
selling greetings are allowed to accommodate their needs (Zuhaili, 1989, p. 598). These
ijma 'provisions clearly provide a legalization of the practice of financing / buying and
selling greetings.
The legal basis of the transaction as stated in the Qur'an and Al-Hadith.
a. Al-Qur'an
َ َ ‫ﻳﺎ أَﻳﱡ َﻬﺎ اﻟﱠﺬ‬
‫ﺴﻤ ﻰ َﻓﺎ ْﻛ ُﺘ ُﺒﻮ ُه‬
َ ‫ﻞ ُﻣ‬ َ ‫ﻦ ِإ َﱃ أ‬
ٍ ‫ﺟ‬ ٍ ‫آﻣﻨُﻮا ِإ َذا ﺗَﺪَاﻳَﻨﺘ ُْﻢ ﺑ ِ َﺪ ْﻳ‬
َ ‫ِﻳﻦ‬
"O you who believe, if you do not bermuamalah in cash for an unspecified time, you should write it ..." (al-Baqarah: 282)
In connection with the verse, Ibn Abbas explained the relevance of the verse about the bai 'as-salam transaction. This is
evident from his expression, "I testify that the salaf (salam) which is guaranteed for a certain period of time has been
halted by Allah in His book and allowed by Him." He then read the verse above.
b. Al-hadith
"Whoever makes the salaf (salutation), he should do with a clear measure and a clear scale also for a period of time in
the know"
From Suhaib r.a that the Messenger of Allah said,
"Three things in which there is a blessing: strong buying and selling, muqaradhah (mudharabah), and mixing wheat with
flour for home use, not for sale." (HR Ibnu Majah)
Considering that Bai 'Al-Istishna is a continuation of Bai' as-salam, in general the legal basis that applies to Bai 'as-salam
also applies to Bai' al-Istishna '. -Istishna 'with the following explanation.
Concept and istisna' terms in buying and selling istishna, there are pillars
that must be met, namely, the buyer (mustashni '), seller / maker (shani').
Goods / objects (mashnu '), and sighat (ijab qabul).
The conditions proposed by scholars to be allowed to buy and sell
transactions istishna 'are:
1. There is clarity of type, type, size and nature of the goods, because it is
an object of transaction that must know the specifications.
2. It is an item that is commonly traded / applied in human relations.
3. There should be no determination of the period of time, if the period of
delivery of goods is set, then this contact will turn into a greeting
agreement.
Istishna Application 'in Islamic Financial Institutions (LKS)
To fulfill their daily needs, humans always interact with each other to
carry out various economic transactions, one of which is buying and selling
that involves two actors, namely sellers and buyers. Usually the seller is a
producer, while the buyer is a consumer consumer. In fact, consumers
sometimes need goods that have not been produced so that consumers
make buying and selling transactions with producers by way of order. In
Islamic banking, buying and selling Istishna ’is commonly set in the fields
of construction and manufacturing.
 Bai ’Istishna’ or ordering in language
means asking to be made. According to
the terminology, it means an agreement
to sell goods that are in the seller's
ownership with the condition that they
are made by the seller, or ask to be
made specifically while the raw materials
are from the seller.
http://elidakusumastuti.blogspot.com/2015/11/tugas-fiqh-
muamalah-makalah-tentang.html
https://pengusahamuslim.com/1156-akad-istishna.html
https://explainry.com/istisna-islamic-financing-meaning-example/