The Theory of ‘Promise’ (Waʿd) in Islamic Law

Abstract

This article aims to clarify the concept of promise (waʿd) and questions whether a promise, albeit personal or transactional, is by nature binding on the promisor under Sharīʿah law. The term waʿd is also discussed in relation to other concepts involving promise: i.e., ʿaqd (contract), ʿahd (covenant or binding agreement), nudhur (vows), and juʿālah (payment for performing a service). A number of studies have concluded that waʿd is not obligatory on the promisor, unless the promisee incurs a loss due to a breach or deceptive promise. However, after reviewing the opinions of a number of classical Islamic scholars, this study concludes that under Sharīʿah law all promises are generally binding on the promisor, except in light of valid excuses or mitigating circumstances.