Transcendent Policy

Transcendent Policy

Explaining the nature of digital currency with the approach of governmental jurisprudence

Document Type : Original Article

Authors
1 Phd. Studen Fiqh and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran
2 Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Hamedan branch, Islamic Azad University, Hamedan, Iran.
3 Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran
10.22034/sm.2022.1972256.1961
Abstract
Today, the advancement of technology in the context of virtual space has been accompanied by significant growth, and this issue has placed the government and nations in a global village. With the development of these currencies, a large part of the interested parties tried to apply and use this new technology in order to gain profit. But the basic question is, how can digital currency be analyzed from the point of view of government jurisprudence? The method that is used in this article is the innovative ijtihad method in jurisprudence texts called Fiqh Tadari. The results showed that from the point of view of governmental jurisprudence, emerging jurisprudential issues can be explained based on the source of rules such as maintaining the system and the principle of expediency, which are emphasized and specified in the jurisprudence foundations. Based on this, in a situation where the preservation of order and expediency requires it, the Islamic ruler can falsify the law. Since digital currency is out of the control of governments and big powers such as the dollar do not dominate it, it is a suitable solution for circumventing sanctions against Iran.
Keywords