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Difference Between Khiyar and Wa’ad


Khiyar is an option that is given to one or both of the contracting parties or a third party to reconsider the contract or the terms of the transaction in light of specific factors or occurrences during a specific period of time. In that sense, khiyar has nothing to do with options in their conventional, technical meaning (as a form of derivatives).

Wa’ad (Arabic for promise or promising) refers to an obligation issued by one counterparty, such as a potential purchaser or purchase orderer in murabaha transactions, to another, and whereby the promisor undertakes towards the promisee to proceed with the contract. Shari’a considers a promise binding on the issuer unless an excuse (force majeure) comes forth and prevents fulfillment. In law, a promise is binding if it is pending on a cause and incurring the promisee costs and expenses.

The main differences between khiyar and wa’ad are as follows:

  Khiyar Wa’ad
Link to core contract It is embedded in the core contract It is added in a separate document, not in the core contract
Time of use Before conclusion of the contract. Upon or after execution of the contract
Compensation No compensation if damages incurred during the period of khiyar. Damages arising from non-execution of wa’ad shall be compensated.
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