عقد الاستصناع: دراسة فقهية مقارنة

Abstract EN

This paper explores the contract of manufacturing by examining similar contracts in the Islamic Law to apply the relevant rulings, which are based on related Fiqhi principles.

It was found that the contract of manufacturing is legal according to Islam, if the following conditions are fulfilled: (1) the price is paid while concluding the contract, (2) there is an accurate description of the topic and (3) a fixed duration is determined.

The difference between the majority of scholars and Hanafis goes back to the lack of any of the above conditions.

Finally, the opinion of the majority of scholars is the strongest according to the author of this paper.