Indonesian Journal of Islamic Economic Law
Vol. 1 No. 1 (2024): Indonesian Journal of Islamic Economic Law

Legal Disruption and Sharia Arbitration: Navigating Change, Measuring Impact, and Fostering Innovation

Hossein, Zainal Arifin (Unknown)
Mahmudulhassan, M (Unknown)



Article Info

Publish Date
07 Dec 2023

Abstract

This article evaluates the doctrinal challenges encountered by the law amid technological advancements, specifically in the areas of blockchain technology, smart contracts, digital assets, and data privacy. Certain conventional legal doctrines, including intellectual property law, privacy, and evidence, and the principle of nonrefoulement, may no longer be applicable amidst the introduction of disruptive technological developments. We present methods for identifying irrelevant legal issues using the TRIZ approach, which enables the identification, evaluation, and updating of legal doctrine. Additionally, this article illustrates how TRIZ principles can develop more adaptable contract principles in response to technologies such as smart contracts. By applying these principles, the law can more effectively manage change, promote innovation in consumer protection, and support the use of smart contracts.

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Journal Info

Abbrev

ijoel

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Islamic Economic Law is a peer-reviewed journal dedicated to publishing the scholarly study of the islamic economic law many different perspectives. Particular attention is paid to the works dealing with application of Islamic Finance: Islamic finance has been increasingly ...