Feasibility of pre-sale of the project by Founder in construction order papers

The construction industry is one of the industries that requires significant capital. Funding is one of the main concerns of builders. Failure to provide it on time causes delays in the implementation of projects and as a result increases the cost. Among the financing methods of this industry are capital market instruments, especially sukuk. Despite the development of Islamic financial instrument and the use of other industries and economic enterprises, these methods have not yet been welcomed by manufacturers. There is a lack of acceptance even regarding istisna bond. So far, significant researches have been conducted in the field of jurisprudence and legal issues of this tool, but the research gap regarding the practical model and the reasons for its lack of acceptance is noticeable. One of these reasons is the impossibility of pre-selling the residential units of the project as a method of financing and risk management. The research question is about the possibility of using pre-sale in istisna bonds made by the founder. In this research, an attempt has been made to overcome this limitation by using two contracts of Salam and ijarah. In this regard, the proposed contracts have been analyzed from the aspect of jurisprudence and economic issues, and the advantages and suggested solutions for risk management of the models have also been presented. The results of the research indicate the possibility of using both contracts for pre-sale based on jurisprudence and economics. Of course, using an ijarah due to the payment of the unit price in the form of rent installments is a more desirable method and has the maximum compliance with the custom of this industry.