A shari’a-nominated contract (nominate contract) that is based on trust or honesty as to the dealing between the two parties. Examples include murabaha sale, agency contract (wakahah), contract of deposit (wadia’ah), etc. For example, in murabaha, the seller is ethically and contractually obliged to illustrate to the potential buyer the real cost of the underlying good/property. Similarly, in agency contracts it is not permissible to stipulate that a personal guarantee or pledge of security be produced, unless the stipulation is actually meant to protect a respective party from misconduct, negligence or breach of contract.
Amanah contracts are also referred to as fiduciary contracts.
