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Islamic Contract Law – Covenant vs Promise vs Undertaking (Clear Comparison)


1. Covenant (Mīthāq)
Meaning
  • A solemn and highly binding agreement
  • Stronger than an ordinary promise


Nature
  • Involves:
    • Moral + spiritual + legal obligation
  • Often:
    • Sacred in nature


Examples
  • Marriage contract
  • Covenant between Allah and mankind


👉 Key idea:
  • Highest level of commitment


2. Promise (ʿAhd)
Meaning
  • A commitment made by one party
  • Can be:
    • Unilateral


Nature
  • Primarily:
    • Moral obligation
  • May become:
    • Legally binding in some cases


Examples
  • “I will repay you next week”
  • Pledge to donate money


👉 Key idea:
  • Based on:
    • Trust and honesty


3. Undertaking
Meaning
  • A formal promise or assurance
  • Often used in:
    • Legal and commercial context


Nature
  • More structured than a simple promise
  • Can be:
    • Legally enforceable


Examples
  • Bank undertaking to pay
  • Written commitment in a contract


👉 Key idea:
  • A serious, formal promise with legal effect


4. Key Differences (Simple)
  • Covenant
    • Strongest
    • Sacred + moral + legal


  • Promise
    • Less formal
    • Mainly moral


  • Undertaking
    • Formal promise
    • Legal/commercial context


5. Key Insight
  • These terms reflect:
    • Different levels of obligation
👉 From:
  • Spiritual → moral → legal


Final Summary
  • Covenant = sacred and binding agreement
  • Promise = personal commitment
  • Undertaking = formal legal promise


One-Line Understanding
  • Covenant > Undertaking > Promise in terms of strength and seriousness of obligation

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