Intergenerational Transfer of Digital Assets: A Comparative Study of English Common Law And The Sharī‘ah.

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dc.contributor.authorZubair, Aishat Abdul-Qadir
dc.date.accessioned2026-04-27T08:57:10Z
dc.date.available2026-04-27T08:57:10Z
dc.date.issued2024
dc.description.abstractIntergenerational 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.
dc.identifier.urihttps://kwasuspace.kwasu.edu.ng/handle/123456789/6801
dc.language.isoen_US
dc.publisherCentre for Islamisation International Islamic University Malaysia
dc.titleIntergenerational Transfer of Digital Assets: A Comparative Study of English Common Law And The Sharī‘ah.
dc.title.alternativeHarmonisaation of Shariah and Civil Law Progress and Achievements
dc.typeBook chapter
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