The Right of Al-Kadd wa Al-Si'aya in Digital Wealth Between Spouses: A Foundational Comparative Jurisprudential Study Between Original Rules of Evidence and Contemporary Judicial Precedents

Abstract

This research examines the jurisprudential rooting of the right of "Al-Kadd wa Al-Si'aya" (the right to compensation for spousal effort) as a mechanism ensuring financial justice between spouses, applying it to contemporary digital wealth. The study aims to adapt the joint effort in generating virtual assets—such as cryptocurrencies, profitable social media channels, and e-commerce platforms—within Islamic jurisprudence. It compares traditional evidence methods (testimony, oath, and custom) with modern digital evidence (Blockchain records, electronic correspondence, and technical footprints). The research adopts a comparative analytical approach across Islamic schools of law, particularly the Maliki school, and examines contemporary judicial precedents. Key findings indicate that the legal rationale for entitlement under Al-Kadd wa Al-Si'aya is "effort leading to growth," which is fully realized in digital wealth. Intellectual and technical effort in managing digital platforms and crypto assets exits the realm of voluntary spousal cooperation and enters that of joint investment partnership. Digital evidence, including Blockchain and electronic communications, constitutes reliable machine testimony superior to traditional witness testimony in accuracy and objectivity. The study demonstrates the flexibility of comparative jurisprudence in recognizing virtual assets as valuable property subject to partnership claims. Recognizing digital Al-Kadd wa Al-Si'aya prevents unjust enrichment of one spouse at the expense of the other's effort. The research recommends explicitly incorporating digital and intangible assets into family law codes, developing smart contracts for digital effort, and training family court judges in digital economy mechanisms.