İslam Borçlar Hukukunda İsticrâr Akdi ve Mezheplerin Konuyla İlgili Mülahazaları
Supply Contract (Istijrâr) In Islamic Law of Obligations and the Views of Fiqh Schools

Summary/Abstract: As one of the most commonly used methods of transaction, the actions of buying and selling have shown variation according to the customs and traditions of the societies in which they have been conducted. For this reason, only contracts that are widely known were included in detailed fiqh books while others were deemed permissible provided that they fulfilled the general conditions. In addition, the madhhabs’ method of perceiving the nass and evaluating traditional practices have been influential in evaluating the integrity of the contracts. While having different forms due to its nature, a supply contract is defined as guaranteeing to render payment after receiving the product in installments and using it, and is discussed by schools of Islamic law. While these discussions have usually revolve around the question of whether the contract satisfies the necessary conditions for achieving its integrity and being established, Hanafi scholars have ruled that, due to business transactions by means of supply contracts being a very common practice, this type of contracts should be viewed as permissible through istihsan. We can also see that other madhhabs have expressed views in favor of this contract type with reasons similar to this. In this study, we will attempt to evaluate supply contracts, which have come to be employed in rural areas and especially in the finance world and which have entered the literature under the same name, within the scope of the views expressed by madhhabs.

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