Document Type : Science - Research (Islamic Finance Jurisprudence)

Authors

• javad soltanifard ¹
• ahmad mohammadi ²

¹ استادیار گروه فقه و حقوق خصوصی دانشگاه شهید مطهری تهران

² دانش آموخته فقه و حقوق پژوهشکده امام خمینی

Abstract

In jurisprudence, the exchange of money for money is referred to as "pure sale" which has specific rules, such that in some jurisprudential books, three conditions of "equality of quantity in the same type", "solution" and "exchange in the assembly" have been mentioned. This research seeks to determine whether it can be said that the rules of "cash" are not specific to gold and silver (the currency in use in early Islam) and can they be considered valid in current currency at any time. In this case, by proving that the newly emerging phenomenon of "cryptocurrency" is money, the rules of pure sale can also be considered valid in cryptocurrency transactions? This research, in addition to explaining the specific conditions of pure sale, aims to reach the following findings using a descriptive-analytical method: first, contrary to the well-known opinion of jurists, among the three conditions mentioned, only the third condition (exchange in the assembly) is specific to pure sale; Secondly, based on the evidence - which is also in line with caution - it is not unlikely that it can be said that the condition of "exchange in parliament" in the sale of gold and silver is not limited to gold and silver, and is also required in modern currencies, including cryptocurrencies - assuming they are proven to be money.

Keywords

• بیع صرف"
• بیع الأثمان"
• نقدین"
• تقابض"
• پول"
• رمزارز"
• "
• ارز دیجیتال"

Main Subjects

• Science - Research (Islamic Finance Jurisprudence)