الاستصناع بالمرابحة : دراسة تأصيلية تحليلية تقويمية

Abstract EN

The research presents an original study of the murabaha (cost-plus profit) arrangement for istisna (contract for manufacturing or execution) purposes.

This study adds to the previous and relevant studies by discussing the various forms of this contract along with their legitimacy in Shari’ah.

The study also discusses the evidence purported to supporting the legitimacy of the contract in subject and vice-versa.

The research followed the method of induction prior to the analysis, comparison and pointing out the difference of opinion among Fuqahaa (Islamic jurists) regarding the ruling of the istisnaa‘contract it establishes the permissibility of the contract in terms of strongest opinion.

The research also discusses (the condition of) the price being known in the istisna‘ contract, the way to do so, and its impact on the contract.

The study presented various forms for using murabahah for the purpose of istisna‘ contract while explaining the opinions of the contemporary fuqahaa’ in that regard.

The research collected and discussed the evidences on the lawfulness of the contract.

Eventually the research concluded the preference of permissibility of using he Murabaha for the purposes of istisnaa‘ in its different forms.