Istisnaa Contract in Islamic Finance
Center of Islamic Finance
COMSATS Institute of Information Technology
Lahore Campus
1
Adopted from open source lecture of
Meezan Bank.
Customized for best knowledge
sharing.
2
Istisna’a is a contract of sale of specified items to be
manufactured (or constructed), with an obligation on the
part of the manufacturer (or contractor) to deliver them to
the Customer upon completion.
Istisna’a is the second exception to the rules of sale
where a sale is allowed without immediate delivery of
the goods sold.
3
An Istisna’a contract is permitted only for raw materials
that can be transformed from their natural state by a
manufacturing or construction process involving labor.
It is not permissible that the subject matter of an Istisna’a
contract be an existing and identified capital asset.
4
If complete specifications (such as type, kind, quality and
quantity) of the subject matter have been given to the
manufacturer along with the contract price, then the
manufacturer is bound to manufacture the Asset and cannot
terminate the contract unilaterally.
The ultimate purchaser cannot be regarded as the owner of
the materials in the possession of the manufacturer for the
purpose of producing the subject matter.
5
The time of delivery of goods does not necessarily have to be
fixed in Istisna’a however, a maximum time may be agreed
upon between the parties.
The delivery of the subject matter may take place through
constructive possession. At this point, the liability of the
manufacturer in respect of the subject matter comes to an
end and the liability of the ultimate purchaser begins.
6
It is necessary for the validity of Istisna’a that the price is
fixed with the consent of the parties.
The Istisna’a price can either be paid in advance, or in
installments or at the time of delivery of goods.
The price of Istisna’a transactions may vary in
accordance with variations in the delivery date.
7
It is permissible to amend the contract price of an
Istisna’a contract upwards or downwards, as a result of
intervening contingencies (Force Majeure).
It is permissible if it is agreed between the parties that in
the case of delay in delivery, the price shall be reduced
by a specified amount per day.
8
Unlike Murabaha where only raw material can be
financed, Istisna’a’ can be easily utilized to facilitate
payment of overheads etc. in addition to the purchase of
raw material.
It is also to be noted that amount paid out as Istisna’a’
price to the manufacturer can be used by the
manufacturer anywhere he deems fit. It doesn’t have to
be utilized exclusively for the production process
9
S
a
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o
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C
a
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B
a
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i
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:
1.
After necessary credit and Shariah Approvals, Islamic Bank &
Customer will enter into a Master Istisna Agreement to manufacture
goods from time to time at an agreed price.
2.
Islamic Bank would then enter into an Istisna transaction with the
Customer for the production of specific Goods. At this time quantity,
price, specification and delivery date of Goods will be agreed. The
delivery of goods could be lump sum or in trenches.
3.
Islamic Bank could pay the Istisna price to the Customer either in
full or in installments.
4.
After manufacturing, the Customer will inform Islamic Bank and will
request for acceptance of delivery. A Bank representative will
accept the delivery after physical inspection of the goods at the
site. This delivery could be through identification and separate
storage of Islamic Bank goods (so that they are not mixed with
Customer’s own goods). A Goods Receiving Note will be executed
at this moment to evidence the delivery of goods to Islamic Bank .
10
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:
1.
Master Istisna’a Agreement
2.
Agency Agreement
3.
Corporate Guarantee
14
1.
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This agreement sets out the terms & conditions upon which the
Bank, from time to time, orders the Customer to manufacture the
Goods
C
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A.
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:
Description of Goods including quantity, quality, delivery date,
cost price, place of delivery etc.
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15
2.
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The Bank appoints the manufacturer (customer) its Agent to sell the
manufactured goods.
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The Bank authorizes the Agent to sell the Assets as its
undisclosed Agent details of which are mentioned.
B.
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16
3.
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The Customer guarantees payment obligation of the ultimate
purchasers if they default to make payment on time.
17
T
H
A
N
K
Y
O
U
18
The Istisnaa contract in Islamic finance involves the sale of specified items to be manufactured or constructed, with the manufacturer obligated to deliver them upon completion. This type of contract is permissible for raw materials that can be transformed through labor. Complete specifications must be provided to the manufacturer, and the price should be fixed with consent. Delivery can occur through constructive possession, and the contract price can be paid in advance or at the time of delivery. Amendments to the price are allowed under certain circumstances.
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Center of Islamic Finance COMSATS Institute of Information Technology Lahore Campus Adopted from open source lecture of Meezan Bank. Customized for best knowledge sharing. 1
Istisnaa is a contract of sale of specified items to be manufactured (or constructed), with an obligation on the part of the manufacturer (or contractor) to deliver them to the Customer upon completion. Istisna a is the second exception to the rules of sale where a sale is allowed without immediate delivery of the goods sold. 3
An Istisnaa contract is permitted only for raw materials that can be transformed from their natural state by a manufacturing or construction process involving labor. It is not permissible that the subject matter of an Istisna a contract be an existing and identified capital asset. 4
If complete specifications (such as type, kind, quality and quantity) of the subject matter have been given to the manufacturer along with the contract price, then the manufacturer is bound to manufacture the Asset and cannot terminate the contract unilaterally. The ultimate purchaser cannot be regarded as the owner of the materials in the possession of the manufacturer for the purpose of producing the subject matter. 5
The time of delivery of goods does not necessarily have to be fixed in Istisna a however, a maximum time may be agreed upon between the parties. The delivery of the subject matter may take place through constructive possession. At this point, the liability of the manufacturer in respect of the subject matter comes to an end and the liability of the ultimate purchaser begins. 6
It is necessary for the validity of Istisnaa that the price is fixed with the consent of the parties. The Istisna a price can either be paid in advance, or in installments or at the time of delivery of goods. The price of Istisna a transactions may vary in accordance with variations in the delivery date. 7
It is permissible to amend the contract price of an Istisna a contract upwards or downwards, as a result of intervening contingencies (Force Majeure). It is permissible if it is agreed between the parties that in the case of delay in delivery, the price shall be reduced by a specified amount per day. 8
Unlike Murabaha where only raw material can be financed, Istisna a can be easily utilized to facilitate payment of overheads etc. in addition to the purchase of raw material. It is also to be noted that amount paid out as Istisna a price to the manufacturer can be used by the manufacturer anywhere he deems fit. It doesn t have to be utilized exclusively for the production process 9
Sale on Cash Basis: 1. After necessary credit and Shariah Approvals, Islamic Bank & Customer will enter into a Master Istisna Agreement to manufacture goods from time to time at an agreed price. 2. Islamic Bank would then enter into an Istisna transaction with the Customer for the production of specific Goods. At this time quantity, price, specification and delivery date of Goods will be agreed. The delivery of goods could be lump sum or in trenches. 3. Islamic Bank could pay the Istisna price to the Customer either in full or in installments. 4. After manufacturing, the Customer will inform Islamic Bank and will request for acceptance of delivery. A Bank representative will accept the delivery after physical inspection of the goods at the site. This delivery could be through identification and separate storage of Islamic Bank goods (so that they are not mixed with Customer s own goods). A Goods Receiving Note will be executed at this moment to evidence the delivery of goods to Islamic Bank . 10
5. Islamic Bank will also enter into a separate Agency Agreement with the Customer for sale of goods on Cash basis to credible buyers on behalf of Islamic Bank in a specified number of days. In this manner the Agent will be responsible for recovery of Sale price and its payment to Islamic Bank . 6. Islamic Bank ownership and risk in goods remains until the Agent sells these goods to the Buyer in the market. Takaful may be obtained to cover this risk. 7. Islamic Bank Agent will sell the goods in the market and will pay the price to Islamic Bank. 8. The Agent (Manufacturer) will be entitled to a specified Agency Fee for providing such services. Islamic Bank may also give a certain incentive to its Agent for timely selling and payment to Islamic Bank . 11
In case of Credit Sale The customer (as Agent of Islamic Bank ) will sell the goods to Credible Buyers on Credit (instead of Cash) and collect the sale proceeds in a specified number of days. At the time of entering into Agency Agreement, the Customer may be asked to provide a separate / independent Guarantee to guarantee payment obligations of the potential buyers. 12
Product Structure for ISTISNA 6. Sale Proceeds (net of Agency Fee) 1. Istisna a Agreement 2. Delivery of Goods Manufacturer MBL 3. Agency Agreement 4. Sale of Goods 5. Sale Proceeds Local Buyer 13
The package comprises of the following: 1. Master Istisna a Agreement 2. Agency Agreement 3. Corporate Guarantee 14
Master Istisnaa Agreement 1. This agreement sets out the terms & conditions upon which the Bank, from time to time, orders the Customer to manufacture the Goods Components : A. Written Offer for Manufacture of Goods: Description of Goods including quantity, quality, delivery date, cost price, place of delivery etc. B. Goods Receiving Note: 15
Agency Agreement 2. The Bank appoints the manufacturer (customer) its Agent to sell the manufactured goods. Components : A. Notice of Appointment The Bank authorizes the Agent to sell the Assets as its undisclosed Agent details of which are mentioned. B. Schedule of Agency Fee 16
Corporate Guarantee 3. The Customer guarantees payment obligation of the ultimate purchasers if they default to make payment on time. 17
THANK YOU 18
