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All Journal Hasanuddin Law Review An-nisa: Journal of Islamic Family Law
Mohd Noor, Nor Azlina
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Religion Law, Crime, Criminology & Criminal Justice Other

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Smart Contract as a Novel Method of Contracting: Many Unanswered Legal Questions Al Mashhour, Omar Farouk; Abd Aziz, Ahmad Shamsul; Mohd Noor, Nor Azlina
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5061

Abstract

Smart contracts have shed light on a new era of contract law, which necessitates a proper legal response to address their unique characteristics, including automation, self-enforcement, coded, immutability, and irreversibility. While these features offer significant legal and practical benefits, they raised critical legal questions. The study aims to identify the legal challenges resulting from the implementation of smart contracts through an in-depth examination of various key aspects. To achieve the intended objective, the study adopted qualitative research utilising the library method and analysing data descriptively and analytically. The study revealed that applying the current conventional contract laws is inadequate and would create a bundle of unprecedented legal questions related to all the life cycle of the contracts, such as legal existence, formation and enforcement, jurisdictional issue, mechanism, unlawful activities, as well as the third parties. The study recommended establishing a specialised framework to address various issues, including the establishment of a regulatory and supervisory body, legislative clarification on various aspects of smart contracts’ such as exchange of will, place, and time, coding language and coding errors, essential functions, jurisdiction and enforcement, ADR, external partners such as Oracle and coding experts, in addition to other matters pertaining to validity and admissibility. Future studies may focus on using these questions as a way to measure the viability of their law to address the emergence of smart contracts. 
Smart Contract as a Novel Method of Contracting: Many Unanswered Legal Questions Al Mashhour, Omar Farouk; Abd Aziz, Ahmad Shamsul; Mohd Noor, Nor Azlina
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5061

Abstract

Smart contracts have shed light on a new era of contract law, which necessitates a proper legal response to address their unique characteristics, including automation, self-enforcement, coded, immutability, and irreversibility. While these features offer significant legal and practical benefits, they raised critical legal questions. The study aims to identify the legal challenges resulting from the implementation of smart contracts through an in-depth examination of various key aspects. To achieve the intended objective, the study adopted qualitative research utilising the library method and analysing data descriptively and analytically. The study revealed that applying the current conventional contract laws is inadequate and would create a bundle of unprecedented legal questions related to all the life cycle of the contracts, such as legal existence, formation and enforcement, jurisdictional issue, mechanism, unlawful activities, as well as the third parties. The study recommended establishing a specialised framework to address various issues, including the establishment of a regulatory and supervisory body, legislative clarification on various aspects of smart contracts’ such as exchange of will, place, and time, coding language and coding errors, essential functions, jurisdiction and enforcement, ADR, external partners such as Oracle and coding experts, in addition to other matters pertaining to validity and admissibility. Future studies may focus on using these questions as a way to measure the viability of their law to address the emergence of smart contracts. 
Parent-to-Child Grants and Their Influence on Inheritance Perspectives of Islamic Law and Positive Law Intan, Intan; Jamhir, Jamhir; Kamaruzzaman, Yusnaidi; Mohd Noor, Nor Azlina; Ali Qaddumi, Shadi Imad
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.486

Abstract

Parental grants (hibah) to children are commonly practiced as an expression of affection and as a means of managing family property during one’s lifetime. However, in practice, such grants often give rise to legal issues, particularly when they affect the distribution of inheritance after the parents’ death. This article aims to examine the legal position of hibah from the perspective of Islamic law, the practice of parental grants to children, and the impact of such grants on inheritance according to Islamic law and Indonesian positive law. This study employs a qualitative approach with a normative-juridical method through library research, analyzing the Qur’an, Hadith, Islamic jurisprudential principles, the Compilation of Islamic Law, and relevant legal literature. The findings indicate that hibah in Islamic law is a valid legal transaction as long as it is conducted voluntarily, fairly, and while the grantor is still alive. Parental grants to children are permissible but must uphold the principle of justice to prevent inequality and family disputes. In principle, a valid hibah does not constitute inheritance property. Nevertheless, under certain circumstances such as unjust grants, grants made shortly before death, or grants intended to circumvent inheritance rules hibah may be calculated as part of the inheritance, as stipulated in Article 211 of the Compilation of Islamic Law. Therefore, hibah and inheritance are closely interconnected and must be implemented based on principles of justice and public benefit.
Co-Authors Ahmad Shamsul Abd Aziz Al Mashhour, Omar Farouk Ali Qaddumi, Shadi Imad Intan Intan Jamhir, Jamhir Yusnaidi Kamaruzzaman