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Islamic Contract Law – Comparison with English Law (Unilateral Acts)
1. Basic Approach
  • Islamic Law (ʿAqd)
    • Broader concept
    • Includes:
      • Bilateral agreements (offer + acceptance)
      • Unilateral acts (one-sided declarations)
  • English Law
    • More restrictive definition of “contract”
    • A valid contract generally requires:
      • Offer
      • Acceptance
      • Consideration
👉 So:
  • Islamic law = wider concept
  • English law = narrower, technical concept of contract


2. Treatment of Unilateral Acts
  • Islamic Law
    • Unilateral acts can be binding on their own
    • No need for acceptance in some cases
    • Examples:
      • Debt waiver
      • Waqf (endowment)
      • Ṭalāq (divorce)
  • English Law
    • Unilateral acts are generally NOT contracts unless special conditions are met
    • They may still be legally valid under other legal categories


3. Equivalent Concepts in English Law
a. Deeds
  • A deed is a formal legal promise:
    • Binding even without consideration
  • Example:
    • Transferring property by deed
👉 Similar to unilateral ʿaqd:
  • Binding through formal declaration


b. Unilateral Contracts
  • Recognised in English law, but:
    • Still require acceptance through performance
  • Example:
    • Reward offer:
      • “I will pay $100 if you find my lost dog”
      • Acceptance happens when someone performs the act
👉 Not truly unilateral like in Islamic law


c. Waiver / Release
  • A party may waive rights (e.g., forgive a debt)
  • But often requires:
    • Consideration or formalities (like a deed)
👉 More procedural compared to Islamic law


4. Key Differences (Note Form)
  • Scope
    • Islamic law: broad (includes unilateral acts)
    • English law: narrow (focus on contracts only)
  • Need for Acceptance
    • Islamic law: not always required
    • English law: usually required
  • Binding Force
    • Islamic law: intention alone can bind
    • English law: requires:
      • Consideration
      • Or formal legal structure (e.g., deed)
  • Flexibility
    • Islamic law: more flexible in recognising obligations
    • English law: more formal and technical


5. Why This Comparison Matters
  • In modern contracts:
    • Islamic finance may recognise unilateral obligations
    • English law may require:
      • Formal drafting
      • Legal mechanisms (e.g., deeds)
👉 This creates challenges when:
  • Structuring contracts across both systems


Final Summary
  • Islamic law allows binding unilateral acts more easily
  • English law is more structured and formal, requiring:
    • Acceptance
    • Consideration or legal formality
👉 Therefore:
  • The same action may be:
    • Valid immediately in Islamic law
    • But require additional legal steps in English 

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