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There must be a seller (sani’) and a The istisna’ contract must be entered into
purchaser (mustasni’) (collectively through an offer and acceptance between the
referred to as contracting parties). The contracting parties. The offer and acceptance
contracting parties in an istisna’ contract may be expressed orally, in writing or by any
must be a natural person or a legal entity other methods which could be evidenced by
who must have the legal capacity to enter appropriate documentation or record. Terms and
into the istisna’ contract. A party to an conditions of the istisna` contract that have been
istisna’ contract may enter into the mutually agreed upon by the contracting parties
contract through an agent (wakil). and consistent with the Shariah must be binding
on the contracting parties.
