اإلشكاليات الشرعية يف العمالت الرقمية : دراسة حتليلية
Başlık çevirisi mevcut değil.
- Tez No: 852103
- Danışmanlar: PROF. DR. SAİDATOLAKMA BİNTİ MOHD YUNUS
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Maliye, Law, Finance
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2022
- Dil: Arapça
- Üniversite: International Islamic University Malaysia
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 220
Özet
The first samples of cryptocurrencies appeared, regardless of Islamic Sharia, after the 2008 economic crisis, as if they were an alternative to fiat moneys that led to many economic crises. Hence, it was aimed in the research to study Islamic legal problems related to describing the commodity (مال (and money (ثمن (in these cryptocurrencies in the sample of the bitcoin, so the analytical approach was followed in studying the reality of commodities and money with a case study of the bitcoin from the perspective of Islamic jurisprudence. As a result, it was found in these studies that most contemporary researchers mistake the meaning of commodities and money from the perspective of Islamic jurisprudence and even take these erroneous opinions to new rulings in contemporary issues related to these two concepts. As revealed in this research, contrary to what most contemporary researchers said about these concepts, the commodity must not only be made from tangible things in the view of most ancient jurists, but the money must also be from tangible things in the view of them. It was also clarified in it that the benefits, debts, or rights are not commodities ( مال ;(indeed, in view, these phenomena were called the word (مال )by some of them on analogy and metaphor due to the fact that they may be subject to a sales contract for needs of people to them in terms of Islamic jurisprudence. Also, it was shown in it, contrary to most contemporary researchers, that general moneys must be from similar tangible things with an intrinsic value. Moreover, it became clear in it that what is meant by fraudulent money is money mixed with other metals, and the minting of money by the state is to remove fraud or deceit from people's dealings with their moneys, and that fractional currency\chicken feed( فلوس (is the money of minor precious things in accordance with the value of its tangible essence. Consequently, it was not only concluded in this research to the invalidity of dealing with cryptocurrencies as money like Bitcoin but also concluded in it to the invalidity of dealing with fiat currencies as money. Since they are not a commodity (مال (that has an intrinsic value and they are not from similar tangible things, but both are means to transactions without compensation, which is usury (ربا (that is forbidden in Sharia.
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