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WA'D - Coggle Diagram
WA'D
LEGALITY
Muslim jurists agreed that an act of a person who promises but have no intention to fulfill it is not permissible because he will be deemed as a liar
If the same person takes an oath to convince the promise to act upon his promise he will not only be subject to Allah's condemnation but also a fine or compensation
God will not take you to task for oaths which you may have uttered without thought, but will take you to task for what your hearts have conceived (in earnest): for God is much forgiving, forbearing
[Qur'an, 2:255]
Hanafi, Shafi'i, Hanbali and a few from Maliki school of thoughts opine that a promise made by a person to the other is religiously binding but not legally binding. Thus, the court has no power to enforce the promise because the promised only has a moral right
Imam Malik and some of his followers hold that the promise is legally binding though without any commitment from the other side
Contemporary jurists
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It can be an innovative tool in structuring many forward contracts which require flexibility with the full commitment of the parties involved
it is unanimously accepted principle that fulfilling a promise is a must for ethical and religious reasons.
An absolute promise which is not subject to a particular reason and neither affects to a loss to the other party is not legally binding
DEFINITION
A commitment made by one person to another to undertake a certain actual or verbal disposal beneficial to the 2nd party
Also defined as a verbal proposition made by someone to undertake something to the benefit of another person
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Wa'd is a promise which connotes an expression of commitment given by a promisor to another party to carry out specified actions in future
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RULES & CONDITIONS
If the promise is made by one party, the promise will be considered as binding upon the promisor. The ruling is the promisor has to carry out his promise if such promise is related to a specific and there is commitment from the promisee
A bilateral promise made by both parties is permissible but it should not be made binding upon both parties since a binding bilateral promise is synonymous to an'aqd
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