Istisna'a:

 

1.      If the contractor is himself a manufacturer client by the bank, then he may not be contracted so as not to meet two qualities in one person, being a maker and a manufacturer, but if the contractor is a third party then other than the client , the bank can authorize the client to supervise the contractor's work provided they are not paid to the client instead of Istisna'a duty paid to the contractor in order to avoid the suspicion of usury and provided the distinction between the agent and ensure the bank guarantee.

2.      If an obscene change in prices, the commitment  can be modified in the contract Istisna'a accordance with the principle put pandemics, and change the standard one-third and more obscene.

3.      The condition may be an option in the contract Istisna'a, the commission  requests the option clause in the contract Istisna'a for  more than three days, so as for the stability of the transactions.

4.      Question:

 the bank is reoffered by   some clients who have registered with the housing association to Istisnaa houses and want to finance the completion of payments of the houses, and since the contract between the client and to association could  not be terminated because of laws governing the work of housing associations, is it permissible for advance payments the client paid for part of the land in common and then  finance the remaining thru Istisna'a ?
Fatwa:

The bank cannot  finance the remaining amount according Istisna'a formula because the trader concluded a contract for the Istisnaa with the association and  the bank  cannot enter into contract Istisnaa with the client unless the client terminate the contract with the association and that is illegal, and the Bank may, after excretion and allocating the house to the client may buy  part of the house from the client then rents the house as a renting that ends in ownership  and the bank can participate with the client at Istisna'a with housing association at the cost price and then sign with the client a rent lease that ends in ownership that is described in the disclosure of his stake whereby  he gains profit.