Status and implications of promise (wa’d) in contemporary Islamic banking

Wa’ad or promise refers to undertaking by one party to do or not to do certain actions in future. Unlike a normal contract or `aqd, the rules governing wa`ad are less stringent as it is merely a promise thus is not binding. Under Shari’ah, due to the unilateral nature of the promise, the details of...

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Main Author: Abdullah, Nurdianawati Irwani
Format: Article
Language:English
Published: Emerald Group Publishing 2010
Subjects:
Online Access:http://irep.iium.edu.my/3079/
http://irep.iium.edu.my/3079/
http://irep.iium.edu.my/3079/
http://irep.iium.edu.my/3079/4/Status_and_implications_of_promise_%28wa%E2%80%99d%29_in_contemporary_Islamic_banking.pdf
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spelling iium-30792012-04-30T00:35:56Z http://irep.iium.edu.my/3079/ Status and implications of promise (wa’d) in contemporary Islamic banking Abdullah, Nurdianawati Irwani HG Finance HG1501 Banking KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh Wa’ad or promise refers to undertaking by one party to do or not to do certain actions in future. Unlike a normal contract or `aqd, the rules governing wa`ad are less stringent as it is merely a promise thus is not binding. Under Shari’ah, due to the unilateral nature of the promise, the details of it are not as carved in stone as any other contract. The details such as time of delivery, the price, terms of payment and goods specific description are not as strict as applied in other contracts. Because of its flexibility, the wa’ad is now being noticed as a key alternative in structuring a lot of substitute products of a conventional bank. It is expected that the contract will grow more prominent in the next few years as demand for easy and flexible products increased. This paper, therefore attempts to analyze the status of promise from both Islamic and common law perspectives. Some illustrations of contemporary financial products structured based on wa`ad principle are discussed to shed some lights in understanding the issues surrounded the practice. Emerald Group Publishing 2010 Article PeerReviewed application/pdf en http://irep.iium.edu.my/3079/4/Status_and_implications_of_promise_%28wa%E2%80%99d%29_in_contemporary_Islamic_banking.pdf Abdullah, Nurdianawati Irwani (2010) Status and implications of promise (wa’d) in contemporary Islamic banking. Humanomics, International Journal of System and Ethics, 26 (2). pp. 84-98. ISSN 0828-8666 http://www.emeraldinsight.com/journals.htm?issn=0828-8666&volume=26&issue=2&articleid=1875997 10.1108/08288661011074891
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic HG Finance
HG1501 Banking
KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
spellingShingle HG Finance
HG1501 Banking
KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
Abdullah, Nurdianawati Irwani
Status and implications of promise (wa’d) in contemporary Islamic banking
description Wa’ad or promise refers to undertaking by one party to do or not to do certain actions in future. Unlike a normal contract or `aqd, the rules governing wa`ad are less stringent as it is merely a promise thus is not binding. Under Shari’ah, due to the unilateral nature of the promise, the details of it are not as carved in stone as any other contract. The details such as time of delivery, the price, terms of payment and goods specific description are not as strict as applied in other contracts. Because of its flexibility, the wa’ad is now being noticed as a key alternative in structuring a lot of substitute products of a conventional bank. It is expected that the contract will grow more prominent in the next few years as demand for easy and flexible products increased. This paper, therefore attempts to analyze the status of promise from both Islamic and common law perspectives. Some illustrations of contemporary financial products structured based on wa`ad principle are discussed to shed some lights in understanding the issues surrounded the practice.
format Article
author Abdullah, Nurdianawati Irwani
author_facet Abdullah, Nurdianawati Irwani
author_sort Abdullah, Nurdianawati Irwani
title Status and implications of promise (wa’d) in contemporary Islamic banking
title_short Status and implications of promise (wa’d) in contemporary Islamic banking
title_full Status and implications of promise (wa’d) in contemporary Islamic banking
title_fullStr Status and implications of promise (wa’d) in contemporary Islamic banking
title_full_unstemmed Status and implications of promise (wa’d) in contemporary Islamic banking
title_sort status and implications of promise (wa’d) in contemporary islamic banking
publisher Emerald Group Publishing
publishDate 2010
url http://irep.iium.edu.my/3079/
http://irep.iium.edu.my/3079/
http://irep.iium.edu.my/3079/
http://irep.iium.edu.my/3079/4/Status_and_implications_of_promise_%28wa%E2%80%99d%29_in_contemporary_Islamic_banking.pdf
first_indexed 2023-09-18T20:10:46Z
last_indexed 2023-09-18T20:10:46Z
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