أحكام الوعد والمواعدة رؤية فقهية وقانونية مقارنة

The Obligations of Promise and Mutual Promise A Comparative Perspective of Islamic Jurisprudence and Pakistani Legal Framework

Abstract

This study examines the concept of promises "الوعد" and mutual promises "المواعدة" in Islamic jurisprudence and their comparison with the Pakistani legal system. It provides a detailed exploration of the linguistic and terminological definitions of promises, alongside the interpretations of Islamic scholars from various schools of thought, such as Hanafi, Maliki, Shafi'i, and Hanbali. The research highlights the differences in the understanding of promises between Islamic jurisprudence and the Pakistani Contract Act of 1872, emphasizing the obligations, permissibility, and enforceability of promises. Points of convergence include the prohibition of fulfilling promises involving unlawful acts, while notable divergences are observed regarding the enforceability of promises, where Islamic law typically considers them morally binding but not judicially enforceable except in specific cases, whereas Pakistani law mandates judicial enforceability. The study concludes with a comparison of the standards set by Islamic principles and the provisions of Pakistani civil law, focusing on areas of alignment and disagreement, and discussing the implications for financial and contractual practices in Islamic institutions operating within Pakistan.