Document Type : Original Article
Authors
1
Doctor of Jurisprudence and Faculty of Law, Sistan and Baluchestan University, Sistan and Baluchestan, Iran
2
Professor, Faculty of Law, Graduate School of Theology, Sistan and Baluchestan University, Sistan and Baluchestan, Iran (Official Writer)
Abstract
Introduction
In today's vast world, many traditional concepts have undergone changes with the advent of the Internet, and economics has been and will be one of the most important aspects of this change. Business based on the Internet network, which is a branch of electronic business and includes exchange processes in all fields, which are carried out from zero to one hundred on the web platform, is the most important axis of these changes and developments. Is. Cryptocurrencies are one of the tools that are increasingly used in this type of business, and various researches have been conducted on them. In fact, due to the multifaceted nature of this technology, the aforementioned researches also include different fields such as computer science, economics, jurisprudence, management, and marketing. The current research tries to provide an optimal understanding of this technology by presenting the main definitions of cryptocurrencies and its financial regulations in other countries in order to facilitate legislation. In other words, the main issue is how to fill the legal vacuum in the field of cryptocurrency technology through legislation in this field, to respond to the problems and challenges that have arisen, and in addition, the possibilities and achievements. and recognize the economic and financial benefits of cryptocurrency and e-commerce, and in this way help the economic progress of the country.
Research background
Azari et al. (1401) in an article entitled "Emerging Financial Phenomena (Bitcoin) from the perspective of the Holy Qur'an and Imami jurisprudence", have addressed the issue that money, which is a measure of the size of property and a means of transactions, and one It is one of the phenomena that has been used in economic life for a long time, despite its simple appearance, it is constantly evolving; Including since 2009, when a new form of money called cryptographic money or Bitcoin was born and it is transferred only through virtual space.
Rahimi and Emininia (1400) in an article entitled "Cryptocurrency, Challenges and Crimes Around It", have emphasized that the formation of electronic money or digital currency causes challenges and New issues have become for the economic system of countries and especially central banks. One of the characteristics of cryptocurrencies is the secrecy of the identity of the exchangers, which has led to the formation of crimes and problems. Based on this, the authors have tried to investigate issues such as creating a platform for tax evasion as well as environmental destruction due to excessive energy consumption of processing equipment of this type of currencies.
Bolotovav et al. (2019) in a research entitled "Legal Nature of Cryptocurrencies", have considered the issue of how digital currency quickly became popular around the world and formed a new field of public relations that is badly needed. It is regulated and controlled by the government. One of the main problems in this field is defining the legal nature of cryptocurrencies; That is, the answer to the question, what is cryptocurrency as a subject of legal regulations? According to the authors, the answer to this question is not easy; Because cryptocurrency in its subject and function is not only similar to money, but also similar to goods and non-documentary securities.
Prazulfo Kolesnikova (2018) in an article entitled "Aspects of Legal Regulation of Cryptocurrencies", have tried to examine the issues of legal and regulatory governance of the new type of electronic money and cryptocurrency. According to the hypothesis of this research, there is no fixed state for understanding the forms and methods of regulations and legislation of cryptocurrencies in different parts of the world. The authors have paid attention to the existing formulas about cryptocurrencies based on the necessity of scientific understanding in order to identify them and have emphasized the main legal prerequisites, especially regarding the regulation of payment systems.
Methodology
This article presents data and analyzes them by collecting library resources in a descriptive and analytical way.
research findings
Characteristics of cryptocurrencies
One of the famous definitions of cryptocurrency is provided by two computer science professors in the Cornell University publication, based on this definition, cryptocurrency is a quasi-money tool and data product. There are two main reasons for this naming. First, the pricing rules are non-mandatory; (this is not true for all cryptocurrencies and they use it mostly in cases where the government or a certain institution does not have a decisive role in the creation of the cryptocurrency) which causes The price of cryptocurrency will be determined based on public demand, unlike common currencies such as the euro and the dollar; On the other hand, being virtual and relying on computer data will create significant security and prevent unauthorized access by people other than the tool key holder.
Jurisprudential review of cryptocurrencies
In Islamic jurisprudence, what can be used in financial actions and events is not outside of five forms: object, benefit, usufruct, right, religion or responsibility. Ain is the same external independent object and it is placed in front of the other four types with its types. The benefit is called the right to use interest of the object and it is caused by the origin of the object. Usufruct, like benefit, is a kind of permission to use, with the difference that it does not lead to ownership and is used only to the extent of permission and permission. Some scholars do not believe in such a division between profit and benefit and consider both of them to be the same. In our opinion, currency cannot be called benefit or profit; Because what is used is the object itself. That is, in case of use, the self of the object is depreciated and there is no matter outside of it that its survival implies the use of its benefit. Now the question is, can cryptocurrency be considered a kind of right? In this regard, it should be said that cryptocurrency, like paper money, needs to be checked whether its owner has a document that proves his religious right or not, and cryptocurrency itself has an exchange value. To answer this question, it should be said that rights are either objective (subsequent) or religious. Rights have a non-physical nature and are actually based on something outside. For example, the right of ownership, which is derived from the relationship between the owner and the owner, which is the main objective right, or the right of mortgage to the mortgaged property in case of non-repayment of the debt, which is called secondary religious right. With these explanations, it can be said that cryptocurrency is not a right in itself, but it can be the subject of some of the rights proposed in jurisprudence and law. In the case of religion or dhimma, the situation is the same, that is, as it was said, religion is caused by a legal event or action and does not itself have an external nature. But cryptocurrency has a foreign independent nature and can be obtained independently through mining.
Conclusion
One of the controversial topics in Iran's economy after the Islamic revolution is the relationship and interaction of the government with the market and its role in economic settings, which is due to the legal support and legal prerequisites for the feasibility and facilitation of affairs. has the mentioned At the same time, by providing correct and accurate definitions of cryptocurrency technology and identifying them as a type of financial capital like stocks, efficient laws can be formulated, especially in the field of taxation. This prevents the abuse of cryptocurrencies by speculators and profiteers, and by legalizing and limiting it, puts the technology of cryptocurrencies in an economic and financial form. In addition, with the clarification of the relevant laws, the public will be allowed to use the benefits of these virtual currencies. Finally, it should be said that in the shadow of such laws, the preference for the native counterpart of this technology is also increased and the monitoring of cryptocurrencies is facilitated in order to prevent crimes such as money laundering, which are harmful to the country's economy.
Keywords
