عقد استصناع الأبنية : دراسة تأصيلية فقهية

الملخص EN

This research included finding the origin of building construction contract from the jurisprudential point of view.

In terms of explaining its concept, legitimacy, jurisprudential adaptation, characteristic, and constituents that represented by the two parties to the contract.

The person who apply for building (the customer) and the contracting company (Manufacturer).

The tools used in the construction, the work of the manufacturer (effort), the price of constructed building and the contract formula, with clarifications of the conditions of each term.

The researcher had used number of methods in this research like induction, the analysis and deduction.

The researcher had found number of results but the most important is that the contract is legal in Hanafi School of Thought.

Due to its special nature represented by the construction of a building by a contracting company and according to the agreed specifications, on land owned by the owner.

It is also an independent contract that has its own provisions and it does not enter in any other contract.

Also setting a specific deadline for the completion of the Istisna'a contract of buildings is appropriate for this time, and it is applicable to the field contracts.

The research contained two recommendations, the first is urging the concerned authorities to present these contracts to a Sharia supervisory body to undertake a Sharia study of them.

As well as urging them to develop a unified contract that maintains the rights of the owners of buildings and the contracting companies