Explain the jurisprudential and legal nature of currency extraction and sale in Iranian law

Document Type : Original Article

Authors

1 PhD Student, Department of Private Law, Islamic Azad University of Science and Research, Iran

2 Assistant Professor, Department of Law, Theology and Political Science, Islamic Azad University of Science and Research, Iran

3 Assistant Professor, Department of Private Law, Islamic Azad University, Damavand Branch, Iran

Abstract

The extraction and sale of cryptocurrencies is one of the new topics that there are different sayings among contemporary jurists about its nature; Some have called it monetary and some have called it non-monetary. This is also the case among lawyers. Therefore, the issue discussed in the present study can be posed as: What is the jurisprudential and legal nature of the extraction and sale of cryptocurrencies? In response to the present problem, it can be said that there are various sayings in this regard, which according to most jurists and jurists, its nature is monetary.

Therefore, the nature of extracting and selling cryptocurrencies according to various jurisprudential and legal theories can be considered as modern and digital money that can have objective and religious value. This type of nature in 1397 and 1398 with the approval of the regulations The process of extracting cryptographic processing products and using cryptocurrencies was banned. In general, the subject of the present article will be examined in a descriptive and analytical manner, and as a finding, it can be said that in examining the jurisprudential and legal nature of extracting and selling cryptocurrencies, we can refer to different legal texts and jurisprudential texts. It is called money.

Keywords

Political Sociology of Iran
Volume 5, Issue 4
August 2022
Pages 389-406

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