Review article on the research topic entitled (Digital Inheritance - A Comparative Legal Study with Islamic Jurisprudence)
DOI:
https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.358/367394Keywords:
Digital Legacy, Digital Assets, Inheritance, Islamic Jurisprudence, Iraqi Civil Code, Digital Will, Data Privacy.Abstract
This extensive scientific review aims to shed light on a solid academic research that addresses the problem of "digital legacy", a problem that lies at a complex intersection between rapid technological development and the traditional rules of inheritance in civil law and Islamic jurisprudence. The proposal is in line with the current reality of Iraqi legislation, while providing a critical vision that contributes to the development of legal thought in this modern field.
References
List of Sources and References
First: Laws and Legislation
1- Iraqi Personal Status Law No. (188) of 1959, as amended.
2- Iraqi Civil Law No. (40) of 1951.
3- Iraqi Electronic Transactions Law No. (78) of 2012.
Second: Research and Periodicals
1- Al-Khaza'i, Safaa Mut'ab and Al-Shammari, Haider Hussein, "Digital Inheritance - A Comparative Legal Study with Islamic Jurisprudence," Journal of Legal Sciences, University of Baghdad, 2019.
2- Lafta, Sarah Sabah, "Cryptocurrencies as a Means of Payment," Journal of Law, Al-Nahrain University (as a methodological reference for comparison).
Third: Jurisprudential and Legal Books
1- Al-Zarqa, Mustafa Ahmed, General Introduction to Jurisprudence, Dar Al-Qalam, Damascus, 2004. Fourth: Foreign Legislation and Judicial Rulings
1- Uniform Fiduciary Access to Digital Assets Act (UFADAA), 2014, revised 2015 (RUFADAA).
2- Decision of the German Federal Court of Justice (BGH) No. III ZR 183/17 dated July 12, 2018.
3- German and American judicial rulings cited in the original research.
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