Unilateral Contracts

This chapter discusses the leading instances of unilateral contracts, which range between promise, gift, loan, will, and endowment. It explains how contracts are classified based on an individual’s ability to undertake the underlying obligations independently. According to Al Zarakhsi, unilateral contracts typically do not require the conduct to be accepted by another party. Moreover, unilateral contracts are also known as ʿuqūd tabarruʿāt (gratuitous contracts) because they are concluded without consideration. The Islamic legal theory sets out necessary conditions, such as the quality of the offer, the contracting parties, and the subject matter of the unilateral contract, in an effort to determine the validity of a unilateral contract.