Istisna' model for construction works' contract

Istisna’ has been accepted as the Shariah compliant tool for a transaction wherein the subject matter is yet to exist. In the case of construction works’ contracts the current Istisna’ practice appears to be skewed towards meeting the needs and requirements of the international funding institutions,...

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Main Author: Abdul Rashid, Khairuddin
Format: Proceeding Paper
Language:English
English
English
Published: 2015
Subjects:
Online Access:http://irep.iium.edu.my/49526/
http://irep.iium.edu.my/49526/2/Proposed_Istisna%27_Nov2015.pdf
http://irep.iium.edu.my/49526/1/IstisnaAbstract_Dec2015.pdf
http://irep.iium.edu.my/49526/3/Programme_IIUM_Kyoto_Colloquium2015.pdf
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author Abdul Rashid, Khairuddin
author_facet Abdul Rashid, Khairuddin
author_sort Abdul Rashid, Khairuddin
building IIUM Repository
collection Online Access
description Istisna’ has been accepted as the Shariah compliant tool for a transaction wherein the subject matter is yet to exist. In the case of construction works’ contracts the current Istisna’ practice appears to be skewed towards meeting the needs and requirements of the international funding institutions, hence the use of parallel Istisna’. However, the documentation aspects of Istisna’ contracts is seldom discussed. In this presentation, Istisna’ in general and its application and documentation for construction works’ contracts is critically examined. The outcome of the examination suggests that for construction works’ contracts direct Istisna’ is preferred. In addition, in effort to achieve validity of the Istisna’ contract a comprehensive set of documentation is required. It is proposed herein that the use of bills of quantities (BQs) would enable this requirement to be satisfied. Keywords: Building, Bills of Quantities (BQs), Construction, Contract, Istisna’, Quantity Surveying, Shari’ah
first_indexed 2025-11-14T16:21:52Z
format Proceeding Paper
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institution International Islamic University Malaysia
institution_category Local University
language English
English
English
last_indexed 2025-11-14T16:21:52Z
publishDate 2015
recordtype eprints
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spelling iium-495262016-05-23T07:05:28Z http://irep.iium.edu.my/49526/ Istisna' model for construction works' contract Abdul Rashid, Khairuddin BP Islam. Bahaism. Theosophy, etc H Social Sciences (General) HF5001 Business. Business Administration KBP Islamic Law TA Engineering (General). Civil engineering (General) TH Building construction Istisna’ has been accepted as the Shariah compliant tool for a transaction wherein the subject matter is yet to exist. In the case of construction works’ contracts the current Istisna’ practice appears to be skewed towards meeting the needs and requirements of the international funding institutions, hence the use of parallel Istisna’. However, the documentation aspects of Istisna’ contracts is seldom discussed. In this presentation, Istisna’ in general and its application and documentation for construction works’ contracts is critically examined. The outcome of the examination suggests that for construction works’ contracts direct Istisna’ is preferred. In addition, in effort to achieve validity of the Istisna’ contract a comprehensive set of documentation is required. It is proposed herein that the use of bills of quantities (BQs) would enable this requirement to be satisfied. Keywords: Building, Bills of Quantities (BQs), Construction, Contract, Istisna’, Quantity Surveying, Shari’ah 2015-12 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/49526/2/Proposed_Istisna%27_Nov2015.pdf application/pdf en http://irep.iium.edu.my/49526/1/IstisnaAbstract_Dec2015.pdf application/pdf en http://irep.iium.edu.my/49526/3/Programme_IIUM_Kyoto_Colloquium2015.pdf Abdul Rashid, Khairuddin (2015) Istisna' model for construction works' contract. In: 3rd IIUM - Kyoto University Research Colloquium, 2nd - 3rd December 2015, Kuala Lumpur. (Unpublished)
spellingShingle BP Islam. Bahaism. Theosophy, etc
H Social Sciences (General)
HF5001 Business. Business Administration
KBP Islamic Law
TA Engineering (General). Civil engineering (General)
TH Building construction
Abdul Rashid, Khairuddin
Istisna' model for construction works' contract
title Istisna' model for construction works' contract
title_full Istisna' model for construction works' contract
title_fullStr Istisna' model for construction works' contract
title_full_unstemmed Istisna' model for construction works' contract
title_short Istisna' model for construction works' contract
title_sort istisna' model for construction works' contract
topic BP Islam. Bahaism. Theosophy, etc
H Social Sciences (General)
HF5001 Business. Business Administration
KBP Islamic Law
TA Engineering (General). Civil engineering (General)
TH Building construction
url http://irep.iium.edu.my/49526/
http://irep.iium.edu.my/49526/2/Proposed_Istisna%27_Nov2015.pdf
http://irep.iium.edu.my/49526/1/IstisnaAbstract_Dec2015.pdf
http://irep.iium.edu.my/49526/3/Programme_IIUM_Kyoto_Colloquium2015.pdf