DIGITAL ASSETS AS PART OF HERITAGE OBJECTS: AN APPROACH TO INDONESIAN POSITIVE LAW AND CONTEMPORARY FIQH MAWARIS

Abstract

echnological developments and technological advancements are unavoidable for modern
humans today. For example, technology has given rise to various forms of digital assets with
economic value and legally valid ownership. This situation raises new questions regarding the
status of digital assets as objects of inheritance under Indonesian positive law and
contemporary Mawaris fiqh. This study aims to analyze the legal status of digital assets as
inheritance property from the perspective of Indonesian positive law and contemporary
Mawaris fiqh. This research was conducted using normative research methods with a juridicalcomparative
approach.
The
results
indicate
that
pluralism
in
inheritance
law
in
Indonesia
has

not
fully
addressed
the
complexity
of
inheritance

issues in the form of digital assets. This has
the potential to create legal uncertainty and trigger conflict between heirs. However,
contemporary Mawaris fiqh views digital assets as al-amwal al-mutaqawwimah (inheritance)
that must be inherited by heirs as long as they fulfill the elements of benefit and value.
Therefore, legal reform that is responsive to the development of digital technology is needed,
both through specific regulations for digital assets and strengthening more adaptive
inheritance mechanisms.