Dr. Badr Naser Al Mansouri
Faculty Member
College of Sharia and Islamic Studies
University of Kuwait

Abstract:

This research deals with explaining the provisions of promise and covenant, the fundamental differences between promise and contract in Islamic jurisprudence and Kuwaiti civil law, and the impact of this on the applicable credit facilities agreement. The importance of the research is highlighted because it discusses an important pillar upon which many commercial transactions are based. With the lack of clarity between the difference between a promise and a contract, fraud and interference occurred between the legitimate and prohibited forms. The research problem arises in the extent to which there is a correlation between the belief that a promise must be fulfilled religiously, and the obligation in jurisprudence, and the validity of considering a promise in a contract as a contract that entails the consequences of contracts.
The research adopted the descriptive approach in depicting the issues, the inductive approach in tracking the statements and legal materials, and the comparative approach between these, and verifying the correct application of the words of the jurists in the issues of dating according to reasonable terms, to the rest of the compensation contracts, and their application to credit facility agreements. The research paper concluded that there is no need for a correlation between the statement that fulfillment is obligatory religiously and that it is legally binding, and that the promise that is accompanied by something that indicates obligation, such as deception, is legally binding, as is the case in Kuwaiti civil law, and that the obligation to promise in compensation contracts in general is valid if it is One party,
As for binding dating from both parties, it is not permissible except in cases of embarrassment and need, and there is a disagreement between jurists regarding the validity of the necessary dating between the two parties. Is it liking a promise or like a contract? If it is interpreted as a binding dating from both parties, then it is most likely that this form is not permissible even if it is adapted as a real contract; So, the provisions of the contract added to the future are considered, and most scholars are of the opinion that it is not permissible. The paper recommended the need to pay attention to the issue of the promise in the contract and its applications, through legal studies. Given the importance of the topic, and the existence of disagreement on basic points that are the subject of debate in the portrayal of jurists.

Keywords: obligation, commitment, fulfillment, compensation, and abstract promise.

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