A research on the value of "encrypted currencies" with a look at the jurisprudence of Imam Khomeini (RA)

Articles in Press

Document Type : Original Article

Author

• Javad Soltani fard

Assistant Professor of Shahid Motahari University (RA)

10.22067/jfiqh.2024.83559.1618

Abstract

A new type of money that has been noticed in the economic exchanges of the world today is "cryptocurrency" which, due to its emerging nature, there are many ambiguities about their nature, which has caused confusion in the society. "Ownership" of foreign currency - which is one of the conditions for the validity of the sale - is one of the most important problems on the way to the legitimacy of cryptocurrency transactions.While emphasizing the views of Imam Khomeini (RA), the present research achieves these findings with a descriptive-analytical method, that firstly, wealth was a customary-abstract matter arising from rational desire; Secondly, there is a financial criterion in the cryptocurrency phenomenon; What, due to the greater ease of dealing with cryptocurrency, we are witnessing an increasing demand for it all over the world, therefore, cryptocurrency can be considered property; Thirdly, it is not possible for the Shariah to exclude something from property, but it can only prevent the arrangement of its effects (such as the transfer of ownership of wine), therefore, contrary to the opinion of some jurists, not being deprived of something is not considered one of the elements of ownership of that thing; Therefore, the examination of obstacles to the legal validity of cryptocurrency transactions, such as "the value of property due to its invalidity" or "the fraudulent nature of its transaction" - which was explained in the three parts of the primary, secondary and governmental ruling - should be examined in other studies.

Keywords

• "
• tax"
• property"
• exchange value"
• cryptocurrency"
• digital currency"
• Imam Khomeini (RA)

Main Subjects

• Civil jurisprudence

---