The Legal Status of Non-Fungible Token in Islamic Financial System

Abstract

The rapid expansion of decentralised finance (DeFi) has elevated digital assets, particularly Non-Fungible Tokens (NFTs), to a prominent position within contemporary financial markets. NFTs are blockchain-based digital tokens enabled by smart contracts that facilitate verifiable ownership and authentication in decentralised environments. Despite growing international efforts to regulate NFT markets, clear legal frameworks—especially those addressing Shariah-compliant NFTs—remain underdeveloped. In Malaysia, the Islamic Financial Services Act 2013 (IFSA) and the Securities Commission Malaysia’s Digital Assets Guidelines provide only limited guidance on the classification, ownership, and enforceability of NFT-based financial products. This article examines the development of NFTs, analyses the existing Malaysian legal framework, and evaluates the readiness of Malaysia’s regulatory architecture to accommodate Shariah-compliant NFTs. Adopting a doctrinal methodology supported by case analysis, the study explores the applicability of current laws to NFT transactions and undertakes a comparative assessment of regulatory developments in the United Arab Emirates. The absence of explicit regulatory provisions raises significant Shariah compliance concerns, particularly in relation to gharar (uncertainty), riba (usury), and the recognition of māl (legitimate ownership), which may impede Malaysia’s aspiration to emerge as an Islamic DeFi hub. This study finds that Malaysia’s existing legal framework lacks specific Shariah compliance mechanisms for the legal recognition and governance of NFTs. Accordingly, targeted regulatory reforms are necessary to address the legal and Shariah complexities associated with NFTs and to facilitate responsible digital innovation within Malaysia’s Islamic DeFi ecosystem.