The ever-increasing expansion of modern technologies and the emergence of phenomena such as cryptocurrencies, non-fungible tokens (NFTs), and other virtual assets in cyberspace have confronted legal systems worldwide with unprecedented challenges. In the Iranian civil law system, the lack of explicit legal provisions regarding the legal nature of these phenomena has led to serious ambiguities in judicial courts, the drafting of commercial contracts, and the financial relations of individuals. Consequently, the divergsing the feasibility of recognizing “digital assets” as “property” (Mal) in Imami jurisprudence and Iranian civil law. Employing a descriptive-analytical method and examining the elements of property value (Maliyat), this research answers the main question of whether these novel assets have the capability to fall within the scope of the concept of property.The findings of the research indicate that, based on jurisprudential and legal standards, the fundamental criteria of property—including “having economic and exchange value,” “the existence of rational and legitimate utility,” and “the capability of appropriation and ownership”—apply to digital assets. The custom of rational people (Urf-e Oqala) in modern markets attributes material value to these phenomena, and blockchain technologies and private keys provide the possibility of exclusive proprietary dominance. Furthermore, jurisprudential doubts such as Gharar (uncertainty/risk) or Akl-e Mal be Batel (unjust enrichment/consuming wealth in vain) can be resolved given functional transparency.

As a result, recognizing digital assets as property is not only in alignment with the foundations of Iranian civil law, but is also essential for determining their legal status in areas such as acting as the price or subject matter in contracts, collateralization, inheritance, and the compensation of damages in civil liability. Finally, it is suggested that the legislator, by adopting a regulatory approach, take action to draft specific and updated laws.