Banking Istesna' contract in the Scale of Jurisprudence Analysis and Criticism

Istesna' contract is a contract that can be useful in the money and capital ‎markets. There is ‎disagreement about its validity among the jurists. Some of ‎the old Imamiyyah think it is invalid and ‎some think it is permissible. Those ‎who think it is permissible, do not have agreement in the nature of ‎this contract as independent contract or a kind of Salaf contract or Ijarah contract or … . These ‎differences can be helpful in explaining and analyzing some of bugs entered into this contract. ‎Most of ‎jurists consider it to be an independent contract. ‎Differences in nature will result in differences in its ‎judgments. In this study, ‎by ‏assuming the validity of the Istesna' contract and accepting it as an ‎‎independent contract, although not without problem, the attempt is to ‎investigate the content of the ‎bank Istesna' contract. And some of the content ‎of this contract that is challenging in jurisprudence has ‎been criticized and the ‎validity of some of the content and invalidity of others have been ‎defined.