نوع مقاله : پژوهشی
نویسندگان
1 استادیار، گروه حقوق ، دانشگاه علوم اسلامی رضوی، مشهد، ایران.
2 دکترای حقوق خصوصی، دانشگاه علوم اسلامی رضوی، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
With the advancement of technology, in some transactions, traditional and virtual money have been replaced by cryptocurrency. One of the important issues regarding cryptocurrency is the legal basis of the miner's ownership of the extracted cryptocurrency. This article, organized through a descriptive-analytical method, while presenting various foundations for the possibility of acquiring ownership of mined cryptocurrency, considers ju'alah (reward-based contract) as an acceptable basis. Regarding the nature of ju'alah, the stronger theory in this paper is that it is a unilateral undertaking (īqā‘). On this basis, cryptocurrency mining can be applied to ju'alah. The objection concerning the unknown identity of the jā‘il (promisor) in cryptocurrency mining is not valid, because the designers of cryptocurrency networks are considered the jā‘il, and those who mine through intermediaries (miners) are the ‘āmil (agent). Jurists disagree on whether the ju‘l (reward) must be known. As stipulated in civil law, it is not necessary for the reward to be known in every respect; it may be a specific undivided share of the reward, which is also conceivable in cryptocurrency mining. Regarding the objection of lack of benefit to the network designers as the jā‘il in cryptocurrency mining: first, the personal benefit of the jā‘il is not required. Second, there is considerable benefit for the network designers in cryptocurrency mining, and with mining, network expansion, and the increase in cryptocurrency prices, huge profits accrue to them.
کلیدواژهها [English]
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