Nur Aishaturradhiah Mohd Hanip
Universiti Kebangsaan Malaysia

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Cryptocurrency Inheritance through Digital Wills in Malaysia: Legal, Technical and Shariah Challenges and a Proposed Hybrid Framework Nur Aishaturradhiah Mohd Hanip; Mohd Zamro Muda; Azlin Alisa Ahmad
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol. 13 No. 2 (2026): July-December
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v13i2.11035

Abstract

Cryptocurrency has been brought within Malaysia’s securities regulatory framework and has been recognised by the Shariah Advisory Council of the Securities Commission Malaysia (SACSC) as property (mal) when traded on regulated exchanges. Existing studies, however, have examined cryptocurrency as property, estate administration and digital-asset security largely in isolation, and have not sufficiently integrated the formalities of wills, the Shariah requirements of wasiyyah and faraid, and the technical architecture of cryptocurrency ownership into one analytical framework. This study therefore examines the legal, technical and Shariah challenges of transferring cryptocurrency through digital wills in Malaysia and develops a hybrid framework that combines a legally valid will with secure digital access arrangements. It employs qualitative doctrinal legal research and content analysis of Malaysian statutes, state Muslim wills enactments, Shariah sources, regulatory documents, fatwas and resolutions, and scholarly literature, supplemented by a comparative analysis of legal, technical and Shariah requirements. The findings present an integrated problem. Malaysian testamentary formalities require identifiable documentation and witnessing, and the creation of wills is excluded from the Electronic Commerce Act 2006; cryptocurrency requires confidential control through private keys; and Shariah inheritance requires legally determined distribution and attention to inheritance impediments. These requirements may conflict when implemented through fully automated digital mechanisms such as smart contracts. The proposed hybrid framework separates testamentary validity from asset-access credentials: a physical will establishes the legal appointment and testamentary instructions, while a secure digital memorandum preserves access information without exposing the private key in the probate document, and the executor verifies and distributes the assets in accordance with applicable law and Shariah. The memorandum is an access and administrative instrument, not a means of reallocating faraid shares