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Saka Shofa'il Asroor

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

Siti Rahmah; Hamdan Khairul Mubarak; Muhammad Al Mansur

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

In the Civil Code concerning civil inheritance law it is classified as one of the aspects of civil law which has the basic meaning contained therein, namely to regulate but there is no element of demand in this matter. Whatever the heir does to his property before he dies is his power, and that is part of the civil law that is regulatory. Inheritance law is the law that controls the locking of inheritance that is freed because the owner has died, and its effect on the person entitled to receive the inheritance. There are two ways to obtain inheritance, namely: based on statutory provisions or ab intestato wettelijk erfrecht, and appointed in a will or testamentair erfrecht). The problem is how to implement the absolute portion (legitime portie) of the heirs of various groups according to civil law laws. This paper uses library research methods in the form of books, scientific journals, magazines, and so on. legitieme fortie (absolute part) is part of the inheritance or inheritance which must be divided among the heirs in a straight line downwards and upwards, and regarding which part the heirs prevent from deciding something either in the form of a grant (gift) or in the form of a testamentary grant (Article 913 KHU civil). Asser Meyyers argues about inheritance law in the Netherlands page 148 explaining that the purpose of legimie portie is to avoid and protect the heir from the desire that arises for the heir to benefit other people.