What Is the Difference Between Salam and Istisna’a?

Derivatives
Marking a Swap to Market
August 12, 2021
Derivatives
Deferred Price Option
August 12, 2021

Istisna’a is a special case of salam and both involve the future delivery of a specified object. Istisna’a is mainly used in the fields of manufacturing (both small scale and large scale), construction, Build, Operate and Transfer (BOT), etc. However, salam is mostly confined to the trading of commodities, particularly those that require from the seller (al-muslam ileihi) no additions or alterations.

In this sense, salam and istisna’a have a number of similarities and dissimilarities, including:

AspectSalamIstisna’aRemarks
1. Underlying assetCommodityManufactured objectThe underlying is known by specification, with deferred delivery
2. PricePaid in advanceMay be paid in advance or in installments, or deferred to a future dateIstisna’a is more flexible in terms of payment
3. Contract bindingnessBinding/ lazimBinding/ lazimSalam is binding in essence. Istisna’a is made binding based on maslaha
Offsetting/ parallelingParallel salamParallel istisna’aProvided that the two contracts are
not connected. The same applies to parties’ liabilities and rights

Leave a Reply

Your email address will not be published. Required fields are marked *