نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The emergence of cryptocurrencies as a novel class of blockchain-based digital assets presents profound challenges to existing legal and jurisprudential frameworks. This study aims to analyze the feasibility of designating these assets as either the subject matter (Mabi') or the price (Thaman) in contracts under Imami jurisprudence and Iranian positive law, and to delineate the resulting legal implications. Employing a descriptive-analytical methodology, the research is grounded in doctrinal and legislative analysis.The findings indicate that within Imami jurisprudence, by expanding the conventional concept of property (mal) and invoking foundational principles such as "Taslit" (dominion) and the presumption of contractual validity, cryptocurrency transactions can be deemed permissible. This permissibility is contingent upon avoiding excessive uncertainty (Gharar) and usury (Riba), thereby treating them as a form of intangible, credit-based property. In the Iranian legal context, despite a legislative vacuum, a broad interpretation of statutory terms governing "property" and "goods," supported by the core principle of party autonomy (Article 10, Civil Code), provides a basis for validating such agreements under either nominate contracts (e.g., sale, settlement) or innominate contracts.The primary legal consequences of this recognition involve the application of standard contractual mechanisms such as options for defect and fraud, the enforcement of breached obligations, and critically, the activation of anti-money laundering (AML) and tax compliance regimes. The article concludes that the enactment of a comprehensive regulatory statute is an urgent necessity to definitively establish the legal, supervisory, and fiscal status of cryptocurrencies in Iran, thereby addressing prevailing ambiguities and mitigating associated risks.
کلیدواژهها English