Istisna'a with Parallel Istisna'a
CA-3.4.11
In cases where an
Islamic bank licensee enters into a parallel Istisna'a contract to procure an asset from a party other than the original Istisna'a customer (buyer), the price risk relating to input materials is mitigated. TheIslamic bank licensee remains exposed to the counterparty risk of the parallel Istisna'a seller in delivering the asset on time and in accordance with the Istisna'a ultimate buyer's specifications. This is the risk of not being able to recover damages from the parallel Istisna'a seller for the losses resulting from the breach of contract.January 2015CA-3.4.12
The failure of the parallel Istisna'a seller to deliver a completed asset which meets the ultimate buyer's specifications does not discharge the
Islamic bank licensee's obligations to deliver the asset ordered under an Istisna'a contract, and thus exposes theIslamic bank licensee to potential loss in making good the shortcomings or obtaining the supply elsewhere.January 2015