Vol. 15 No. 01 (2026): September 2026

This study aims to reconstruct the position of wa'ad in Islamic banking products through a comparative analysis with contracts, both from the perspective of muamalah fiqh and Islamic financial industry practices. The research method used is a qualitative-normative approach, through an analysis of classical and contemporary literature, fatwas of Islamic authorities, and regulations related to Islamic banking. The results show that conceptually, wa'ad is a unilateral commitment that does not have the same binding force as a contract. However, in industrial practice, it often undergoes transformation into a quasi-contract with legal implications. This condition creates ambiguity between the moral and legal dimensions of wa'ad, and has the potential to violate the basic principles of contracts in Islam. This study proposes a reconstruction of the status of wa'ad as a pre-contract instrument with limited binding power (binding under certain conditions) while maintaining the fundamental distinction of the contract. The implications of this reconstruction are the creation of clear contractual structures in Islamic banking products, increased legal certainty, and the strengthening of the principle of Sharia compliance in industrial practices.