Iqbal Kamalludin
Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

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Digital Assets and Islamic Inheritance Law: Reinterpreting the Concept of Māl through Maqāṣid Sharī‛ah Bunga Desyana Pratami; Yos Johan Utama; Ana Silviana; Imaro Sidqi; Iqbal Kamalludin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 2 (2026): Vol. 9, No. 2, April 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i2.51899

Abstract

Purpose - The rapid development of the digital economy has engendered new forms of wealth that challenge classical concepts of ownership within Islamic law, particularly in the context of inheritance law. Digital assets—such as cryptocurrency, non-fungible tokens (NFTs), and economically valuable digital accounts—present significant legal questions regarding their status as inheritable property, especially given their intangible nature and reliance on technological systems. In practice, many digital assets become inaccessible following the owner's death, often due to the loss of passwords or private keys. This situation creates a disparity between classical legal doctrines and contemporary realities. This study aims to analyse the legal status of digital assets within Islamic inheritance law through a reinterpretation of the concept of wealth (māl) employing an objective of the Islamic law (maqāṣid al-sharīʿah) approach.Methodology/approach - This research employs a normative juridical methodology, utilising both conceptual and maqāṣid-based approaches. It is conducted through a comprehensive literature review of classical Islamic jurisprudence (fiqh) texts and maqāṣid theory, supplemented by an analysis of contemporary practices concerning digital asset.Findings - Although some classical scholars—particularly within the Ḥanafī school—emphasised the material aspect of māl, the majority of scholars recognise lawful economic value and benefit (manfaʿah mubāḥah) as the primary criteria for determining property status. From this perspective, digital assets qualify as māl because they possess economic value, can be owned, and are transferable. Furthermore, the framework of maqāṣid al-sharīʿah, particularly the principles of protection of wealth (ḥifẓ al-māl) and protection of lineage (ḥifẓ al-nasl), provides a robust normative basis for recognising digital assets as inheritable property. Therefore, the reinterpretation of māl through a maqāṣid approach facilitates the integration of digital assets into Islamic inheritance law in both a normative and contextual manner.Conclusion - This study concludes by advocating the establishment of legal and technical mechanisms designed to protect the rights of heirs in the digital age, thereby minimising the disparity between doctrinal principles and practical application.
Land Transactions in Climate Disaster Zones: Legal Challenges and Notary Professionalism in the Rob Case in Pekalongan Regency Rindiana Larasati; Bunga Desyana Pratami; Iqbal Kamalludin; Syarofi; Eksy Puji Rahayu
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 2 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i2.2248

Abstract

The phenomenon of rob that occurs chronically in the coastal area of Pekalongan Regency, especially in Wonokerto District, has created complex socio-ecological conditions. Productive agricultural land is now permanently submerged in seawater, thus triggering a wave of land buying and selling by the community to entrepreneurs at very low prices. The transaction takes place legally-formally in the presence of a notary, even though the land object is no longer ecologically and economically viable. This study aims to analyze the legal challenges and professionalism of notaries in handling land transactions in areas affected by climate disasters. The approach used is socio-legal based on case studies and observation of notarial practices in areas affected by rob. The results of the study show that there is a vacuum of norms and standards of professional ethics in the face of the new reality: land that has lost its ecological use value remains the object of legal transactions. In this position, notaries face a dilemma between carrying out administrative functions and moral responsibility as guardians of transactional justice. It is necessary to strengthen land regulations based on climate disaster mitigation and update the code of ethics for the notary profession to be in line with the principles of prudence and ecological justice.