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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Mat Zain, Mat Noor
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Position of Smart Contracts in the Light of Islamic Contract Theory Ahmad, Azlin Alisa; Mat Zain, Mat Noor; Amanina Zakaria, Nur Diyana
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 1 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i1.16372

Abstract

Smart contracts are simply programs stored in a blockchain that run under predetermined conditions; however, they are yet to be implemented commercially in the financial industry, including the Islamic financial industry. It has not been entirely implemented in the Islamic financial industry because it is unstable and there are debates regarding its conformity with Shariah principles. Since the development of the smart contract is still in the preliminary stages, its position in an Islamic contract is yet to be determined. Does a smart contract blockchain comply with Islamic contract theory? This qualitative study aims to analyse the smart contract’s position based on Islamic contract theory. Data were obtained using content analysis and interview methods, in which the semi-structured interview involved Islamic financial experts and industryplayers. Data were then analysed using the QDA Miner version 5.0.31 software. Findings indicate that a smart contract differs from other contracts because it records every transaction using hash cryptography and computer codes known as solidity. Besides that, transactions did not adhere to two principles of an Islamic contract, namely the existence of autonomy in the contracting parties and the ability to manipulate the contract. Hence, Shariah-based risks in a smart contract can be decreased by improving the Shariah compliance aspect in the transaction to solve autonomy issues and the manipulation of contracts. The study implies that a smart contract has the potential to become an innovation in the Islamicfinancial industry if it can adhere to the principles of an Islamic contract and it can be monitored by relevant authorities.
Measures to Curb Polygamy Scams in Malaysia: A Legal Perspective Mat Zain, Mat Noor; Mahsor, Ahmad Faris Zikri; Abdul Manap, Norhoneydayatie
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i2.16031

Abstract

The law relating to polygamy is practically weak due to the lightly punishment imposed, re-registration in the Court is allowed if the marriage is legal. This makes society more vulnerable and affected to polygamy without permission and unknowingly fall into polygamy scams. Polygamy scams are becoming increasing prevalent in Malaysia even though this phenomenon has existed for a long time. This form of marriage cannot be validated if the courts do not grant permission, procedures are not adhered to or there is an element of manipulation. This scheme occurs due to several factors, including the role of certain individuals, syndicate, and the legislation. Therefore, this qualitative study used the case study approach to explain the concept of polygamy scam and examine proactive measures aimed at curbing polygamy scams from a legal perspective. Data were collected using the content analysis and interview methods. The data were analyzed on a thematic and descriptive method. Findings indicate that a polygamy scam is a matrimonial offense that is liable to prosecution in the Syariah Courts. It was also found that there is a need for standardization, empowerment, and law enforcement at the federal and state levels. Several initiatives were suggested, such as appropriate punishment imposed on the masterminds behind the polygamy scams, complaints should be filed whenever a case arises and increasing the number of awareness programs aimed at curbing or even eradicating polygamy scam activities altogether. The implication of this study is that the governments and stakeholders need to play important role in enforcing laws on polygamous offences without permission including scam activities.
Co-Authors Abdul Manap, Norhoneydayatie Ahmad, Azlin Alisa Amanina Zakaria, Nur Diyana Mahsor, Ahmad Faris Zikri