Legitimate Expectations and Pre-Contractual Duties of Contracting parties: Reconciling Islamic-Law Minimalism with Doctrines of Pre-Contractual Good Faith

Abstract

This article explores how the doctrine of legitimate expectation and the developing idea of pre-contractual good faith in English law can be better understood through the guiding principles of Islamic law, which has long emphasized honesty, transparency, and the avoidance of harm at the earliest stages of negotiation. While English law traditionally prioritizes contractual freedom and limits duties prior to agreement, its gradual recognition of reliance and fairness mirrors values already embedded in Islamic legal reasoning. By highlighting Islamic law’s disciplined minimalism—offering clear ethical boundaries without overburdening parties, the article also suggests that its normative framework provides a subtle yet effective model for shaping modern pre-contractual duties. In doing so, it shows how Islamic legal principles can quietly enrich contemporary discussions on good faith, offering a coherent foundation for protecting legitimate expectations while preserving the autonomy of contracting parties.