LAW

Published on
Islamic Contract Law – Unilateral ʿAqd

1. What is a Unilateral ʿAqd?
  • A unilateral ʿaqd is a legal act where:
    • Only one party expresses intention (offer/declaration)
    • No acceptance is required from another party
👉 It becomes effective by the will of one person alone

2. How is it different from normal contracts?
  • Bilateral ʿaqd (normal contract):
    • Requires:
      • Offer (ijāb)
      • Acceptance (qabūl)
    • Example: sale agreement
  • Unilateral ʿaqd:
    • Requires:
      • Only a single declaration
    • No negotiation or acceptance needed


3. Why does Islamic law recognise this?
  • Because some legal actions:
    • Do not depend on another party’s consent
    • Are within the sole authority of one person
  • Focus is on:
    • Intention + declaration, not mutual agreement


4. Common Examples of Unilateral ʿAqd
a. Gift (Hibah – in some juristic views)
  • A person declares: “I give you this property”
  • The act begins with a unilateral intention
  • (Though completion may involve acceptance depending on school)


b. Waiver or Release of Debt
  • A creditor says:
    • “I forgive your debt”
  • No acceptance needed from debtor
  • Obligation is extinguished immediately


c. Endowment (Waqf)
  • A person dedicates property for charity
  • Example:
    • Land given for a mosque or school
  • Becomes binding through one-sided declaration


d. Divorce (Ṭalāq)
  • Husband pronounces divorce
  • Takes effect without acceptance from the wife
  • A clear example of unilateral legal effect


5. Key Features of Unilateral ʿAqd
  • Based on:
    • Single will (irādah)
  • No need for:
    • Negotiation
    • Agreement from another party
  • Legal effect:
    • Immediate or direct once declared


6. Why it matters in Islamic Contract Law
  • Shows that ʿaqd is:
    • Broader than just “contracts” in the modern sense
  • Includes:
    • Obligations created by agreement
    • Obligations created by individual action


Final Understanding
  • Not all legal relationships in Islam require two parties agreeing
  • Some are valid simply because:
    • A person chooses to bind themselves or change a legal position
👉 This is why ʿaqd includes both:
  • Mutual agreements
  • Unilateral legal acts​
Picture
0 Comments

Author

Learn the fact about law