Digital Inheritance from the Perspective of Omani Law and Islamic Jurisprudence

Abstract

Rapid changes in commercial and personal technology raise many challenges for traditional approaches to the application of law.  One such challenging area relates to the subject of  Digital Inheritance, their exclusivity and the disposal to beneficiaries of two genres of digital assets. The first digital asset concerns an individual’s private life, which is protected by the legal framework of Islamic Sharia, ensuring individual privacy is safeguarded and not violated. This form of digital asset – in other words the private life of an individual - remains inviolate  and cannot be passed on to heirs of an individual’s estate, and therefore does not form any part of any inheritance. By contrast one may argue that there is a second type of digital asset which is subject to intellectual property laws – these assets could include photos, videos, lectures, and poems which are not intrinsically linked to the deceased the list is not exhaustive. This second area of asset may also encompasses virtual currencies, income-generating channels through advertisements or viewership, and other similar assets. These digital assets may be said to be separate from the individual’s person, and represent financial or intellectual rights which are transferable to heirs of an estate. In conclusion, this research found that digital assets with purely financial value, or those with both material and intellectual dimensions, are part of the estate and can be passed to heirs, as they are considered ownership rights similar to traditional financial assets.