Document Type : Research Article
Authors
1 PhD in Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2 Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
3 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
Abstract
The present study adopts an analytical approach to examine the legal and jurisprudential challenges of digital currencies in the formation of traditional contracts such as sale, lease, and loan. The focus on these contracts is due to their status as the most important instruments for the transfer of assets within the legal and jurisprudential system. Considering the accepted definitions in civil law and jurisprudential texts, which regard these contracts as transferring the specific asset or its usufruct, the central question is: to what extent are digital currencies, with their non-tangible and digital nature, compatible with this framework? Furthermore, the seizability of digital currencies within the framework of Islamic jurisprudence and Iranian civil law will be examined. In this regard, the present research focuses on the general criteria and existing overarching rules in law and jurisprudence, attempting to adapt digital currencies to these criteria, rather than creating new criteria for their legitimacy or illegitimacy. The research findings indicate that in Islamic jurisprudence, digital currencies, due to possessing monetary value, transferability, and legitimate use, can be the subject of a sale or loan contract. However, leasing these assets faces challenges due to ambiguity in defining their specific and legitimate usufruct. In this context, the principle of permissibility can also be considered when examining the legitimacy of these transactions. Nevertheless, some jurists believe that transactions involving digital currencies are speculative and fraught with risk, and their validity cannot be accepted. In this regard, attention to the fatwa of the Supreme Leader is also necessary. In Iranian civil law, the sale and loan of digital currencies are accepted due to their economic value and transferability, but their lease requires a revision of the classical principles and conditions of lease contracts. On the other hand, the seizure of digital currencies as an executive measure in Iranian civil and criminal law faces legal and technical obstacles due to the unique characteristics of these assets, such as anonymity, decentralization, and dependence on technological platforms. This research emphasizes the necessity of drafting clear and comprehensive regulations for this domain to ensure both their religious and legal legitimacy and the executive efficiency of these regulations. Given the existing challenges, it is proposed that the legislator, considering various jurisprudential viewpoints, especially the fatwa of the Supreme Leader, draft regulations that, while preserving public interests, prevent the misuse of these financial instruments. The research method in this article is descriptive-analytical.
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