Thursday, January 26, 2017

Istisna' vs Salam Contract

Istisna’ vs. Salam

             Istisna’                  (manufacturing contract)
                    Salam                  (sale by deferred payment)
An Istina’ Contract is a Contract of Service / Manufacturing  / Development as per agreed terms
A Salam Contract is a Sale of product / asset / commodity by deferred delivery as per agreed terms
In an Istisna’ Contract the required service / manufacturing / development is the subject matter of the contract
In a Salaam  Contract the underlying asset / commodity / product is the subject matter of the contract
The subject of Istisna is always a thing which needs manufacturing,
The subject of Salam can be effected on anything, no matter whether it needs manufacturing or not
It is not necessary in Istisna’ that the price is paid in full in advance
It is necessary for Salam that the price is paid in full in advance
The contract of Istisna can be cancelled / revoked before the manufacturer starts the work.
The contract of salam, once effected, cannot be cancelled / revoked unilaterally
The time of delivery is not essential part to be fixed In Istisna’ contract
The time of delivery is an essential part of the sale in Salam


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