Succession of Digital Assets Under Islamic Inheritance Law: A Fiqh-Grounded Framework for Crypto, Cloud Accounts, and NFTs

Abstract

Over the past decade, the explosion of digital assets, including cryptocurrencies, non-fungible tokens (NFTs), and cloud-based accounts, has introduced complex legal questions that conventional inheritance regimes struggle to address. In Muslim‐majority jurisdictions and among Muslim communities worldwide, these questions intersect with the requirements of Islamic personal law, particularly the farā’iḍ (obligatory heirs’ shares) and waṣiyya (testamentary bequests). This study undertakes original empirical and doctrinal research to chart a path toward a unified fiqh‑grounded framework for digital asset succession. By combining doctrinal analysis of classical juristic sources, contemporary fatwas, and statutory developments with semi‑structured interviews among scholars, estate planners, and digital asset owners across Malaysia, Indonesia, Pakistan, and the United Kingdom, the research shows that digital assets are increasingly recognized as mal mutaqawwim (valuable property) but lack standardized protocols for identification, valuation, and transfer. The study reveals that differences in platform terms of service and cross‑border jurisdiction complicate heirs’ access to private keys and cloud accounts, exacerbating existing gender and socio‑economic disparities. It proposes a model of “custodial key trusts” and e‑wills that integrate digital asset inventories with farā’iḍ distributions, allowing compliance with both shariah and civil laws. The paper argues that without coordinated legal reforms and educational initiatives, vast wealth stored in digital forms risks being lost or misappropriated, undermining the objectives of ḥifẓ al‑māl (preservation of wealth) and social justice.