LEGAL ISSUES IN E-WALLET PRACTICES

Mohd Zakhiri Md. Noor; Asmadi Mohamed Naim; Nurul Aini Muhamed; Azrul Azlan Iskandar Mirza; Azuan Ahmad; Shahrul Ridhwan S. Ali; Abdul Rahman A. Shukor

doi:10.32890/uumjls2021.12.2.10

Authors

Mohd Zakhiri Md. Noor School of Law, UUM College of Law, Government and International Studies Universiti Utara Malaysia, Malaysia
Asmadi Mohamed Naim Islamic Business School, UUM College of Business, Universiti Utara Malaysia/ Vice Chancellor, Universiti Islam Antarabangsa Sultan Abdul Halim Mu'adzam Shah
Nurul Aini Muhamed Faculty of Economics and Muamalat, Universiti Sains Islam Malaysia, Malaysia
Azrul Azlan Iskandar Mirza Faculty of Economics and Muamalat, Universiti Sains Islam Malaysia, Malaysia
Azuan Ahmad Faculty of Economics and Muamalat, Universiti Sains Islam, Malaysia
Shahrul Ridhwan S. Ali Jabatan Kemajuan Islam Malaysia
Abdul Rahman A. Shukor Shariah Consultant

DOI:

https://doi.org/10.32890/uumjls2021.12.2.10

Keywords:

E-wallet, shariah contract, legal issues, Islamic finance

Abstract

E-Wallet has been applied in Muslim and non-Muslim jurisdictions in many parts of the world including Malaysia, China, India, and Korea. The application is widely used and has raised questions with regard to legal and shariah issues. This paper aims to analyse specifically, legal issues affecting e-wallet practices. This paper adopted a qualitative research approach. The data collected include document reviews, ethnographical interviews and observations. This study found several legal issues related to e-wallet inter alia, an unclear position on the liability of board directors of e-wallet operators, breach of mandate and exclusion of liability of e-wallet operators. As e-wallet is important as an enabler to increase financial inclusion, it is important to address the legal issues on e-wallet to enhance good governance and best practices of e-wallet in Malaysia. The findings from this paper can be used as a basis for policymakers including scholars in the formulation of guidelines on legal and shariah compliance of e-wallets.