Thus, since there is no specific Qur'anic Ayah or Hadith which establishes clearly the legality

of this contract, a brief study of the doctrine of freedom of contract in Islamic law is
necessary, because the specific evidence advanced by the jurists is somewhat less than
convincing. This article also addresses the legality of a contract in which the subject-matter is
non-existent and its relation to Istisna. As well as this I will discuss the distinctive features of
Istisna' and its independence from other contracts to avoid some of the confusing remarks
advanced by some scholars in this area.