Islamic Contract Law:

Wa‘d

(Promise)

Meaning of

Wa‘d

The Arabic term wa‘d literally means a promise.

Technically, wa‘d refers to a declaration made by one person that he intends to perform a particular act in the future.

Wa‘d = a unilateral promise to do something in the future.

Main Characteristics of

Wa‘d

1. It Is Made by One Party

A wa‘d is generally a unilateral promise, meaning that only one person makes the commitment.

The person making the promise is the promisor, while the person to whom the promise is made is the promisee.

Example

Ahmad tells Ali:

“I promise to sell you my car next month.”

Ahmad is the promisor, while Ali is the promisee.

This is a wa‘d because the promise comes only from Ahmad.

2. Acceptance Is Not Required

Unlike an ‘aqd (contract), wa‘d does not require acceptance from the other party in order to exist as a promise.

It may look similar to an offer, but there is an important difference:

• In a contract, there must normally be ijab (offer) and qabul (acceptance).
• In wa‘d, the promisor simply makes a promise about a future action.

Example

Ahmad says:

“I promise to give you RM500 next month.”

Even if Ali does not say, “I accept,” Ahmad has still made a wa‘d.

Therefore:

Wa‘d = promise without the need for acceptance.

3. It Relates to a Future Action

A wa‘d concerns something that the promisor intends to do later, rather than something completed immediately.

Examples

• “I promise to sell you my car next month.”
• “I promise to donate RM1,000 next week.”
• “I promise to purchase the equipment from you next year.”

All of these involve a future action.

Difference Between

Wa‘d

and

‘Aqd

A wa‘d is not the same as an actual contract.

Wa‘d

One party promises to do something later.

Example:

“I promise to sell you my car next month.”

At this stage, the sale itself has not yet been concluded.

‘Aqd

The parties actually conclude the contract through offer and acceptance.

Example:

Ahmad says:

“I sell you this car for RM40,000.”

Ali says:

“I accept.”

Now there is an ‘aqd.

So:

Wa‘d = promise to enter into or perform something in the future.

‘Aqd = the actual contractual agreement.

Simple Example Showing the Difference

Stage 1 —

Wa‘d

Ahmad says:

“I promise to sell you my house next month for RM300,000.”

There is only a promise.

Ownership of the house does not transfer merely because of the promise.

Stage 2 —

‘Aqd

Next month Ahmad says:

“I sell you my house for RM300,000.”

Ali says:

“I accept.”

Now the sale contract is concluded.

Therefore:

Promise first = wa‘d

Actual agreement later = ‘aqd

Simple Summary

Wa‘d means a promise made by one party concerning an action to be performed in the future.

Its main features are:

• It is normally made by one party.
• It does not require acceptance from the promisee.
• It relates to a future action.
• It is different from an ‘aqd, which requires an actual contractual agreement.

Easy Way to Remember

Wa‘d = “I promise I will do it later.”

‘Aqd = “We agree to the contract now.”