Istisna (manufacture to order)

Islamic Fiqh > Financial transactions > Istisna (manufacture to order)

Istisna: the manufacture-to-order contract, its differences with salam, its status before and after work, and partial payment.

Short answer

Istisna is manufacture to order: a defined product against a known price, manufacture being the attribute of the contract. It is valid for the Hanafis, but not as an independent contract for the Malikis, Shafi'is and Hanbalis, who bring it back to the form of salam: capital paid in the session, precise description, a term. Before the work, the 2 parties remain free; the Majalla (article 392) adopted Abu Yusuf's view: no withdrawal even before manufacture, unless the product delivered differs from the contracted attributes. It differs from salam: partial payment admitted, validity with or without a term, and a non-binding contract on the sound position.

Updated on 07 October 2026 at 6:42 PM

Istisna (manufacturing to order): sale or promise, its validity conditions and its difference with salam.

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The evidence among the classical schools

Minah al-Jalil by al-Dardir · Maliki school

(Chapter) the condition of the salam.

Chapter on the exposition of the rulings of the salam.

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