Burhan Alsyouf
Al-Syouf Law Firm for Advocacy and Arbitration, Amman, Jordan

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Contemporary Trade Governance and Cross-Border Data Flows: A Comparative Study of Sharīʿah Principles and International Legal Frameworks Muhammad Azam; Naji Mohammad Alwreikat; Burhan Alsyouf; Abdel Salam Atwa Ali Al Fandi; Rawdah Abdul Karim Mohammad Pharaon
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13387

Abstract

The rapid expansion of the digital economy has transformed international commerce, making cross-border data flows a crucial component of global trade governance. The increasing reliance on digital platforms, cloud computing, and data-driven services has generated legal challenges related to data privacy, cybersecurity, digital sovereignty, and regulatory fragmentation across jurisdictions. This study examines how contemporary legal frameworks regulate cross-border data governance and analyzes the tension between trade liberalization and regulatory control in digital trade systems. Using a qualitative doctrinal and comparative legal approach, the research evaluates the frameworks of the World Trade Organization (WTO), the European Union (EU), and major Indo-Pacific digital trade agreements. The analysis applies three criteria—legal enforceability, regulatory flexibility, and data protection intensity—to compare their approaches to digital trade governance and cross-border data flows. The findings reveal significant divergence among these frameworks, driven by differing regulatory philosophies and policy priorities. The WTO primarily emphasizes trade liberalization and non-discrimination, but lacks comprehensive mechanisms for data governance. In contrast, the EU adopts a rights-based model focused on robust data protection and regulatory oversight, while Indo-Pacific agreements favor flexible, market-oriented rules that facilitate data flows with limited restrictions. The study further finds that fragmentation in global digital governance is driven not only by regulatory differences but also by competing views of data as either an economic commodity or a protected legal right. The research concludes that effective global digital trade governance requires a harmonized framework balancing economic openness, data protection, cybersecurity, and national sovereignty. It proposes a principle-based harmonization model grounded in transparency, proportionality, interoperability, and regulatory accountability. Academically, this study contributes by developing a comparative analytical framework and by integrating Sharīʿah-based perspectives on ethical data governance, trust, and accountability into contemporary international debates on digital trade law.
AI-Driven Sharia Governance in Islamic Digital Payment Systems: Developing a Contemporary Islamic Law Framework for Ethical and Regulatory Compliance Muhammad Azam; Rawdah Abdul Karim Mohammad Pharaon; Elsoghair Mahdy; Manal Abdellatif Issa Albabili; Burhan Alsyouf; Bagdat Bagayev
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i2.339

Abstract

The rapid advancement of artificial intelligence (AI) and digital financial technologies has transformed the operational landscape of Islamic financial institutions, creating both new opportunities and significant challenges for Sharia governance. As Islamic digital payment systems increasingly rely on AI-driven tools for transaction monitoring, fraud detection, risk assessment, and compliance verification, important questions arise regarding their compatibility with the principles and objectives of Islamic law. This study examines the role of AI in strengthening Sharia governance within Islamic digital payment ecosystems and evaluates its effectiveness in identifying prohibited elements, including riba, gharar, and other forms of financial misconduct. Using a doctrinal legal research methodology supported by comparative analysis and qualitative content analysis, the study examines primary and secondary sources of Islamic law, including the Qur'an, Sunnah, classical fiqh literature, contemporary Sharia governance standards, and regulatory frameworks from selected Islamic finance jurisdictions. The findings suggest that AI can substantially enhance Sharia compliance through real-time monitoring, predictive analytics, and automated auditing mechanisms. However, concerns related to algorithmic transparency, explainability, accountability, and the inherent limitations of AI in performing ijtihad and issuing fatwa-based judgments prevent it from replacing human scholarly authority in Sharia decision-making. The study argues that AI should function as a decision-support tool rather than an autonomous Sharia decision-maker. To address the governance challenges associated with AI implementation, the article proposes a contemporary Islamic law framework built upon five interconnected pillars: Human-Centered Sharia Supervision, Explainable Artificial Intelligence (XAI), Maqasid al-Shariah Compliance, Continuous Sharia Auditing, and Regulatory Accountability. This framework aims to harmonize technological innovation with the ethical, legal, and jurisprudential foundations of Islamic law while ensuring responsible and trustworthy AI deployment in Islamic finance. The study contributes to the growing literature on Islamic FinTech and AI governance by offering a normative framework for regulating AI applications in Islamic digital payment systems.