Legal Enforceability Of Smart Contract-Based Mahr Agreements In Online Nikah Platforms: A Comparative Analysis Of UAE And Malaysian Jurisprudence
- IJLLR Journal
- Feb 7
- 1 min read
Dhruv B Raju, Faculty of Law, PES University
ABSTRACT
The advent of online nikah platforms has introduced the practice of issuing Mahr agreements through smart contracts, prompting the question: Are smart contracts enforceable in UAE and Malaysian courts? This study offers a comparative analysis of relevant case law on the validity and enforceability of smart contracts in online Nikah platforms, focusing on Dubai and Malaysia's jurisprudence. The analysis identifies significant issues that influence the legal enforcement of smart contract-based Mahr contracts in marriage contexts, highlighting significant challenges to their acceptance and enforcement. The research suggests that while smart contracts have transformative potential for modernizing marriage contracts, their enforceability hinges on clarity, established legal principles, and a deep understanding of socio-legal dynamics in both countries. The study concludes that while the formation of electronic and smart contracts is generally valid and enforceable under their respective laws, specific challenges arise concerning smart contracts within the Malaysian context.
