Feasibility study of the spread of contingent contract provisions to cryptocurrency mining

Articles in Press

Document Type : Original Article

Authors

Javad Soltani fard ¹

Seyyed omid Moosavi ²

¹ Assistant Professor, Department of Jurisprudence and Private Law, Shahid Motahari University

² Graduate student of the Department of Jurisprudence and Private Law, Shahid Motahari University

10.22067/jfiqh.2025.88790.1802

Abstract

"Contingent contracts" is a term that is sometimes used in the discourse of jurists, but its meaning is not clear, and naturally there is disagreement about the rulings associated with it. Some jurists have considered contingent contracts to be contracts with normal risk and one of the types of valid contracts; on the other hand, others consider these contracts to be invalid because they involve gambling and gambling. This is where doubts arise regarding the legitimacy of cryptocurrency mining operations; On the one hand, because success in this process depends on variable factors such as currency price fluctuations, electricity costs, network difficulty, and competition between miners, this activity may be considered an example of "gharr" (a risky and ambiguous transaction). On the other hand, because miners participate in a chance competition to solve mathematical problems by spending significant financial resources (hardware and energy costs), it may be similar to gambling, in which case the aforementioned operation would be an example of contingent contracts in the second and illegitimate sense.

Keywords

"؛ Contingency"؛ Chance"؛ Mining"؛ Cryptocurrency Extraction"؛ Gambling"؛

"؛ Grair"

Subjects

• Civil jurisprudence

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