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Mutual Relationship of Islamic Law and Private International Law in Inheritance Matters Khalifa, Attia Suleiman; Samad, Nashwan Salah
Indonesian Journal of Law and Economics Review Vol. 20 No. 3 (2025): August
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i3.1322

Abstract

General Background: In today’s globalized world, cross-border inheritance disputes are increasingly common, raising challenges where Islamic law intersects with private international law. Specific Background: Islamic inheritance rules, grounded in the Qur’an and Sunnah, impose mandatory shares, while private international law addresses conflicts of laws, jurisdiction, and recognition of foreign judgments. Knowledge Gap: Despite extensive literature on both systems, little research has focused on their mutual influence, particularly in reconciling religiously based inheritance rules with secular international frameworks. Aims: This study investigates how Islamic inheritance principles interact with private international law, highlighting areas of harmony and conflict, and exploring mechanisms for integration. Results: The analysis reveals significant challenges such as jurisdictional disputes, limits of testamentary freedom, procedural diversity, and the role of public order in excluding foreign laws. It also identifies opportunities for harmonization through bilateral agreements, renvoi application, and judicial adaptation. Novelty: Unlike previous works, this research provides a comparative approach supported by case studies, proposing models that respect both Islamic values and international legal norms. Implications: The findings suggest pathways to develop legal systems that uphold religious and cultural diversity while ensuring fairness, predictability, and global legal coherence in inheritance matters. Highlights: Interaction of Islamic inheritance principles with private international law creates both harmony and conflict. Public order plays a decisive role in accepting or rejecting foreign inheritance laws. Bilateral agreements and clear choice-of-law provisions help reduce cross-border disputes. Keywords: Islamic Law, Private International Law, Inheritance, Conflict of Laws, Cross Border Disputes
Smart Contracts and the Challenges of Conflict of Laws in Digital Space Khalifa, Attia Suleiman; Samad, Nashwan Salah
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1328

Abstract

General Background: Blockchain-based smart contracts have revolutionized global transactions by enabling automatic, transparent, and decentralized execution of agreements. Specific Background: Despite their efficiency, these digital instruments challenge traditional private international law, particularly regarding jurisdiction, applicable law, and enforceability in cross-border contexts. Knowledge Gap: Existing legal systems, especially in the Middle East, lack comprehensive frameworks to address decentralized contracting and blockchain-based evidence. Aims: This study critically examines the intersection between smart contracts and conflict of laws in digital environments, focusing on Iraq’s legal framework and regional comparison with the EU and the US. Results: The analysis reveals that while the EU has developed coherent regulatory models such as MiCA and the Data Act, and several US states have recognized smart contracts’ validity, Iraq’s Civil Code of 1951 remains inadequate to regulate automated digital agreements. Novelty: The paper proposes a unified legal model integrating UNCITRAL’s 2024 Model Law on Automated Contracting, regional cooperation through the Arab League and GCC, and legislative reforms in Iraq to recognize blockchain evidence. Implications: Implementing such a framework would harmonize technological progress with legal certainty, enhance cross-border trust, and position Iraq and the Middle East within the global digital economy.Highlight : Analyzes the intersection of smart contracts and conflict of laws in digital space. Examines Iraq’s outdated legal framework amid rapid technological change. Suggests adopting international models and regional cooperation for legal reform. Keywords : Smart Contracts, Blockchain, Conflict of Laws, Private International Law, Jurisdiction, Iraq.