Intergenerational Transfer of Digital Assets: A Comparative Study of English Common Law And The Sharī‘ah.
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Date
2024
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Publisher
Centre for Islamisation International Islamic University Malaysia
Abstract
Intergenerational transfer in English Common Law focuses on the
concept of individual autonomy and the right to dispose of one's
property as desired, with considerations for family provisions and
legal obligations to prevent unjust outcomes or disinheritance.
Shariah's approach to intergenerational transfer is rooted in
principles of fairness and social justice, aiming to maintain family
ties and economic balance among heirs. While the shares are
predetermined, they vary depending on the relationship of the heir
to the deceased. This paper aims to conduct a comparative analysis
of the intergenerational transfer of digital assets under English
Common law and Shari‘ah. Even though the data collection
methodology employed was purely doctrinal, the functional
method of legal comparison was used to analyse primary and
secondary textual materials. The paper reveals that English
Common law more than Islamic law faces challenges in adapting
its legal frameworks to accommodate the unique nature of digital
assets. The paper will, therefore avail scholars, particularly those
involved in the distribution of an estate, the required knowledge
on this class of asset and the rules to be followed in its transfer
from generation to generation.