A non-compensatory contract in which a property (or any form of wealth) is donated by one party to another against no consideration. The donor transfers ownership of the property to the donee free of any commitment or obligation. Among the key gratuitous contracts are:

• Waqf (endowment).
• Kafalah (particularly personal kafalah).
• Qard (loan).
• Hawalah (assignment of debt/transfer of debt).
• Hibah (gift).

A gratuitous contract is also known as a noncommutative contract.