Thesis:

Jurisprudential and legal study of the feasibility of determining digital currency as dowry and the quality of its demand in courts of law

Technological advancements and the emergence of cryptocurrencies as new financial instruments have presented Iran’s legal system with new challenges in the areas of ownership, transactions, and especially the institution of the family. One of the most important emerging issues in this regard is the possibility of defining digital currency as dowry and how to demand and enforce it in courts. In Islamic jurisprudence and civil law, dowry is a woman’s inalienable financial right and a symbol of respect for her dignity, and any property with economic value and the ability to be acquired can be the subject of it. Accordingly, the main question of the present study is whether cryptocurrencies, given their intangible and volatile nature, are acceptable as dowry, and if so, what should be the quality of the demand and its implementation? This study was conducted using a descriptive-analytical method and using jurisprudential sources, civil laws, judicial decisions, and court practice. The findings show that from a jurisprudential perspective, determining cryptocurrency as dowry if customary taxation, legitimacy of the source, and ability to deliver are established is not prohibited by Sharia. From a legal perspective, although the Civil Code does not provide a definition of digital assets, cryptocurrency can be considered as property that can be acquired with a broad interpretation of Article ????. At the same time, the demand and enforcement of cryptocurrency dowry in practice faces obstacles such as the lack of explicit regulations, severe price fluctuations, difficulty in proving ownership, and the lack of technical infrastructure for seizing or transferring cryptocurrency. The results of the study show that accepting cryptocurrency as a dowry is permissible in terms of jurisprudence and general principles of civil law, but its effective implementation requires legal reforms, the creation of a judicial system for registering and tracking digital assets, specialized training of judges and experts, and the regulation of explicit contractual terms in the marriage contract. Ultimately, cryptocurrency dowry can be a step towards adapting the family law system to technological developments and achieving financial justice in the digital space, provided that it is organized within the framework of Islamic law and precise executive regulations.

Keywords: Keywords: Islamic jurisprudence, dowry, digital currency, cryptocurrency, family law