The digital revolution has spawned new assets such as cryptocurrency, non-fungible tokens (NFTs), monetized accounts, and digital estates that are increasingly dominant in the Indonesian economy; however, these inheritance objects have not been explicitly addressed by classical fiqih mÄ«rÄth provisions or the Compilation of Islamic Law (KHI), creating a legal vacuum that threatens legal certainty and the protection of heirs' rights. This study aims to reconstruct inheritance fiqih regarding digital assets and cryptocurrency within the perspective of Indonesian Islamic Family Law to ensure proportional and equitable protection of heirs' rights. Employing a normative-empirical legal research method with a conceptual approach, maqÄá¹£id asy-syari'ah, and juridical-empirical analysis of religious court decisions from 2020â2025 as well as in-depth interviews with judges and practitioners, this research analyzes the concept of mÄl in fiqih and judicial practice. The results indicate that digital assets fulfill the pillars of mÄl functionally (manfa'ah, taá¹£arruf, hifáº); however, judicial practice remains trapped in three inconsistent patterns avoidance, proportional inclusion, and expert-assisted valuation which systematically threaten the rights of female and child heirs due to the absence of valuation guidelines and private key escrow mechanisms. This study formulates a new fiqih maxim based on ឥifẠal-mÄl and ឥifẠan-nasl and proposes a digital estate declaration to guarantee legal certainty and equitable distribution. This original contribution expands the frontier of contemporary ushul fiqih by introducing a digital mÄl taxonomy in Islamic inheritance and opens an interdisciplinary discourse on Islamic family law, fintech, and blockchain..
This study examines the validity of cryptocurrency as a dowry in marriage in Indonesia from the perspectives of Islamic law and positive law. Technological advancements have driven the use of crypto assets as dowries, sparking debates regarding their legitimacy and mechanisms. This research aims to analyze these issues using a normative approach with contemporary ijtihad methods (intiqaâi and insyaâi) and a statute approach. The findings reveal that, in general, the Indonesian Ulema Council (MUI) prohibits the use of cryptocurrency as a medium of exchange or commodity, except when it fulfills the requirements of silâah. In the context of national law, crypto assets can be used as dowries if agreed upon by both parties. The transfer mechanism requires a grant process before a notary to ensure legal validity. This study has implications for the development of regulations and legal understanding regarding the use of modern technology in religious traditions. Key words: Cryptocurrency, Dowry, Islamic Law, Positive Law, Technology.
Islam gives women's rights perfectly without being reduced, this is to protect the honor of women in marriage. Islam also provides women's rights that must be fulfilled by husbands as husbands also have rights that must be fulfilled by wives. Among the rights of the wife is dowry, which is an ownership that is specifically given to women as an expression to appreciate it, and as a symbol to glorify and make her happy. However, the ownership of cryptocurrency as a marriage dowry in marital property is not clear yet and also regarding the transfer of rights to crypto assets because the marriage dowry is how it is implemented according to the provisions of applicable laws and regulations. The problem approach used in this study is a statutory approach, and a conceptual approach. Crypto dowry as property in marriage is included as innate property due to the concept of dowry which is a gift from the prospective groom at the time the marriage contract is held and the transfer of crypto asset rights as a dowry in marriage can be done with a grant deed which is made before the marriage contract in front of a notary who are attended by the grooms. Then the grant deed is given at the time of the marriage contract.
Abstract The tension between the right to family reunification as laid down in European Directives and Member Statesâ concern to protect their sovereignty in regulating migration has resulted in growing attention to and concern about fraudulent family relationships (especially marriages of convenience). This contribution addresses the question of what forms of control are permissible from a European law perspective and whether national practices are in conformity with European law and fundamental rights. Looking at these national practices several problems are identified: definitions of âmarriages of convenienceâ extending beyond what European law allows; systematic checks of certain nationalities/ethnic groups, mixed couples and/or gender may amount to discrimination and the burden of proof seems to be shifting to couples. Comparing control practices for marriages of convenience with those of homosexual asylum seekers, it is argued that human dignity is at stake.