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Article Volume 7 Issue 4 75 - 91 July 14, 2024

Smart Contracts: Advancements and a Glance on Legal Frameworks in India, USA, UK, and Indonesia

Lead author · Corresponding
Munketh Ahmed Abdulkarim Al Rawashdeh
PhD in Law & Lawyer at Insurance Co., Jordan
Co-author
Alaa M.H. Nassar
Ph.D. Scholar (International Relations) at Mahraja's College, University of Mysore, Jordan
Download PDF Full text DOIhttps://doij.org/10.10000/IJLMH.117946
Abstract

Technological advancements, particularly in blockchain technology, have catalyzed a paradigm shift in the regulation of commercial contracts, prominently exemplified by smart contracts. This paper explores the transformative impact of smart contracts on contract law and regulatory frameworks. Beginning with an overview of smart contracts, defined as self-executing agreements operating on blockchain platforms, the study examines their operational mechanics and distinct advantages, including efficiency, transparency, and reduced transaction costs. However, concerns such as privacy risks and legal enforceability challenges are also addressed. This paper investigates the transformative impact of smart contracts on contract law and regulatory frameworks, driven by advancements in blockchain technology. Smart contracts, self-executing agreements on blockchain platforms, offer efficiency, transparency, and reduced transaction costs but also raise concerns about privacy and legal enforceability. Using a comparative case study approach, the study analyzes regulatory responses to smart contracts across jurisdictions. Countries like the United States and Singapore lead efforts in legal reform to integrate smart contracts into commercial law, while the European Union adopts a cautious approach balancing innovation with consumer protection. Additionally, the paper explores smart contracts under Islamic law, emphasizing principles like contractual consent and compliance with Shariah in digital transactions.

Type
Article
Information
International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 75 - 91
DOI: https://doij.org/10.10000/IJLMH.117946
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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