The Shariah Framework for Smart Contracts, an Original Analytical Study

Document Type

Conference Item

Publication Date

1-1-2023

Abstract

A smart contract is a contract that brings together two or more parties that can be programmed electronically and then execute its terms automatically, once certain events or specific conditions are met and it depends on blockchain technology. This paper intends to elucidate this contract at the practical level, and then explains the legal frameworks from Islamic Perspective, by mentioning examples of legal contracts named in Islamic jurisprudence and shows similarities along with an analysis of the jurisprudential problems. The research concluded that there are jurisprudential contracts that are consistent with smart contracts, even in some parts through which the framework of the contract can be constructed from the jurisprudential point of view. The research used the descriptive and analytical method. The researchers concluded that a smart contract can be used in Islamic business framework as long as it meets the requisite legal elements as required under the Shariah principles.

Keywords

Smart contracts, Blockchain, Islamic jurisprudence, Shariah framework

Divisions

AcademyofIslamicStudies

Volume

487

Publisher

SPRINGER INTERNATIONAL PUBLISHING AG

Publisher Location

GEWERBESTRASSE 11, CHAM, CH-6330, SWITZERLAND

Event Title

Sustainable Finance, Digitalization and the Role of Technology, ICBT 2021

Event Location

Istanbul, Turkey

Event Dates

6-7 November 2021

Event Type

conference

Additional Information

International Conference on Business and Technology (ICBT), Istanbul, TURKEY, NOV 06-07, 2021

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