نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The emergence of cryptocurrencies and the expansion of their use in economic activities have generated a range of novel issues within the field of transactional fiqh. One of the most significant questions concerns the juridical analysis of the nature of cryptocurrency mining and the identification of the fiqh-based foundation for acquiring ownership of mined cryptocurrency units. The discussion proceeds on the assumption that no clear Sharīʿa-based prohibition exists regarding the act of mining itself, and thus focuses on determining the ḥukm waḍʿī governing the ownership of cryptocurrency units produced through the mining process. The central question is: assuming the permissibility of mining from a taklīfī perspective, what is the fiqh basis for acquiring ownership of the cryptocurrency generated through mining?
The article first adopts a descriptive approach to clarify the concept of cryptocurrency, its categories, the operational mechanisms of blockchain networks, and the technical nature of mining. It then examines, within the framework of conventional fiqh institutions, a set of classical legal constructs—namely ḥiyāzat al-mubāḥāt (appropriation of unowned property), partnership (sharika), competition (musābaqa), lease (ijāra), conditional gift (hiba muʿawwaḍa), and juʿāla—as potential foundations for explaining the acquisition of ownership of mined cryptocurrency, comparing each with the actual characteristics of the mining process. Based on the totality of indicators and features inherent to mining, the study concludes that general juʿāla (al-juʿāla al-ʿāmma) represents the most appropriate and closest fiqh category for analyzing ownership acquisition resulting from cryptocurrency mining.
کلیدواژهها English