Legal regulation of digital inheritance in the Kurdistan Region of Iraq: An Evaluative jurisprudential Study

الملخص

This research addresses the topic of "digital inheritance," which is one of the contemporary and emerging issues that has recently emerged as a result of the tremendous technological development and the widespread use of the internet, social media, and various digital services. These digital assets raise important questions about their fate after the death of their owner, who has the right to access and dispose of them, and how to distribute them among the heirs in accordance with Sharia and legal rulings. These assets may contain personal and confidential information, or they may have material value, which makes dealing with them after death a complex matter.

From a legal perspective, legislation in many countries, including the Kurdistan Region of Iraq, is still insufficient or ambiguous in dealing with digital inheritance issues. Heirs may face difficulties in accessing these assets or distributing them fairly.

From a Sharia perspective, dealing with digital inheritance must be in accordance with the provisions of Islamic Sharia regarding inheritance and estates. The rights of the heirs must be respected, and the distribution of the estate must be fair and in accordance with Sharia. Aspects of privacy, intellectual property, and the material value of these digital assets must also be considered.

Based on the foregoing, this research aims to study and analyze the current legal framework in the Kurdistan Region of Iraq regarding digital inheritance and compare it with the relevant provisions of Islamic Sharia. Local legislation addressing this issue will be reviewed, and potential gaps and contradictions will be identified. Based on this comparison, legal provisions related to digital inheritance will be evaluated from the perspective of Islamic Sharia, and recommendations will be made to improve the legislative and legal framework in the Kurdistan Region of Iraq.