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Title بیع استصناع کے فقہی اصول اور عصری مسائل میں اس کی تطبیق ( شریعت اسلامیہ کی روشنی میں تجزیاتی مطالعہ )

Author(s) Ataullah

Abstract This study deals with very important and distinguished contract termed as Bai ul Istisna (Manufacturing Contract). Bai ul Istisna has a great interaction with the contemporary finance, modern trade, and projects. In the modern era, the B.O.T contract (build, operate and transfer) is jurisprudentially adopted as Bai ul Istisna. So, there is a dire need for a comprehensive analytical study of this matter in Shariah perspective in the light of Shariah injunctions and contemporary jurists. The method of this research is based on analytical study and library research. In this work, reliance has been made primarily on the original sources of Shariah and secondarily, on the contemporary jurists in subject matter. The research discusses the Shariah injunctions regarding the Istisna sale, this work analyses the exact work also examines the possible and modern aspects of Istisna.The research critically analysis the projects of house financing and construction financing. This work concludes that Bai ul Istisna is permissible and valid contract in the light of Shariah. After complete deliberation of Bai ul Istisna in the perspective of modern application it is concluded that the classical concept of Bai ul Istisna is applicable in BOT contracts and modern financing schemes, projects and the risk management might be adopted in Bai ul Istisna by takaful model which is Waqaf (trust) based. The research also strongly recommends special legislation by Parliament regarding Bai ul Istisna and training for judges to resolve the dispute in these matters.

Type Thesis/Dissertation MS

Faculty Social Sciences

Department Islamic thought & Culture

Language Urdu

Publication Date 2022-06-28

Subject Islamic Studies

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