Challenges of Utilizing Crypto-currencies in Capital Markets: An Islamic Jurisprudence Approach

Document Type : Original Article

Authors

1 Assistant Prof., Department of Finance, Faculty of Islamic Education and Management, Imam Sadegh University, Tehran, Iran.

2 Ph.D. Candidate, Department of Finance, Faculty of Islamic Education and Management, Imam Sadegh University, Tehran, Iran.

10.30699/ijf.2025.433073.1454
Abstract
Money as a medium of exchange signifies anything widely accepted as a means of payment. There are two types of money: commodity money, any money deriving its price from its own intrinsic and inherent value, such as gold or silver, and fiat money, the typical money that does not have intrinsic value but the backing of a government. The concept of digitalization of money was aimed at the enhancement of the function, facilitation, and utilization of money as a means of medium. The first cryptocurrency was created by Satoshi Nakamoto, the pseudonym for an anonymous computer programmer or group of programmers, on January 3, 2009. Muslim countries have been engaged and involved in approaching cryptocurrencies in accordance with Shariah and Islamic principles as new and novel types of money. Cryptocurrencies may be beneficial instruments in capital markets, such as acting as a financial instrument, a medium for clearing and settlement, or an underlying asset in derivative contracts. However, some certain aspects of crypto-currencies can be challenged by Islamic finance and Shariah when it comes to their functions in financial markets, especially, capital markets, such as their cryptic and ambiguous nature rendering Gharar in transactions or difficulty in valuating and accurate pricing due to their volatility and ambiguity or the technology behind these assets. Utilizing cryptocurrencies in financial systems may also cause systemic disorder, which may damage financial plumbing and systems, leading to losses for investors and market practitioners and creating profits for some with no effort (Akl bil batil). The challenges of cryptocurrencies, including security problems in the general aspect, and accurate valuation based on the nuances between their intrinsic values and nominal values, among others, may make the process of institutionalization of cryptocurrencies in the community, more specifically in Islamic capital markets, hard.

Keywords


Abdullahi, M., (1992). Fundamentals of Jurisprudence of Islamic Economy, Qom: Islamic Publications Office affiliated with the Qom Seminary Society of Teachers, first edition.
Agha Nazari, Hassan-Ghafouri, Hossein, (2010). Purchasing power; the equivalent of credit money, Economic Surveys, 7th year, 13th issue, spring and summer.
Ansari, Morteza bin Muhammad Amin Ansari, (1415 AH), Kitab al-Makasib, World Congress of Commemoration of Sheikh Azam Ansari, Qom - Iran, vol.3, vol.4, vol.5.
Chaum, D. (1983). Blind Signatures for Untraceable Payments. In: Chaum, D., Rivest, R.L., Sherman, A.T. (eds) Advances in Cryptology. Springer, Boston, MA.https://doi.org/10.1007/978-1-4757-0602-4_18
Dai. W., B-Money. (1998), http://www.weidai.com/bmoney.
Franco, P. (2014). Understanding Crypto-currency: Cryptography, engineering and economics. John Wiley & Sons.
Gorji, Abul Qasem, (2004), Ayat al-Ahkam (legal-criminal), Tehran: Mizan Publishing House.
Haeri, Seyyed Kazem, (1414 AH), Al-Auraq Al-Mahaliya Al-Etebariya, Risal Al-Saghaleen, Vol 8, Year 2.
Hakim, Seyyed Mohsen Tabatabai, (n.d) Nahj al-Faqaha, 22 Bahman Publications, Qom.
Hakim, Seyyed Mohsen Tabatabayi, (1416 AH), Mustamsak Al-Arwa Al-Wathqi, Dar Al-Tafsir Foundation, Qom - Iran, Vol 8.
Ibn Najim, Zain al-Din Ibrahim, (1405 AH), Al-Ashbah and Al-Nazar, Beirut: Dar Kitab Al-Alamiya, Vol 4.
Khoei, Seyyed Abu al-Qasim Mousavi, (n.d), Misbah al-Faqaha, vol.2.
Khomeini, Ruhollah, (1385 AH), Al-Rasael, with Taziilat al-Mujtabi al-Tahrani, Qom: Ismailian, vol.1.
Khomeini, Ruhollah, (1410 AH), Kitab al-Bai, Qom: Ismailian Institute, vol.1.
Khomeini, Ruhollah, (1415 AH), Kitab al-Bai, Al-Nashar Islamic Publishing House, fifth edition, vol.1.
Makarem Shirazi, Nasser, (1413 AH), Anwar al-Faqaha, Qom: Madrasa al-Imam Amir al-Mominin, p.93.
Makarem Shirazi, Nasser, (1992). Rahnamon Quarterly, Shahid Motahari High School, vol. 2.
Makarem-Shirazi, Nasser, (n.d), Reiba & Islamic Banking, Qom - Iran, first.
Mesbahi-Moghadam, G.-R., Ismail, (2007). Gharar in option transactions on shares from the perspective of Imami jurisprudence, Economic Essays, 4th year, 8th issue, autumn and winter.
Mughniyeh, Mohammad Javad, (1421 AH), Fiqh of Imam al-Sadiq, peace be upon her, Qom: Ansarian Institute, second edition, vol.3.
Muzaffar, Mohammad Reza, (1983 AD/1403 AH), Usul al-Fiqah, Beirut, Vol 2.
Naini, Mirza Mohammad Hossein Gharavi, (1413 AH), Al-Makasab and Al-Bai, Islamic Publication Office affiliated with the Qom Seminary Society of Teachers, Qom - Iran, Vol 2.
Naini, Mirza Mohammad Hossein Gharavi, (1424 AH), Tanbih Al-Omah & Tanzih Al-Melah, Publications of the Islamic Propaganda Office of Qom Seminary, 1.
Najafi, Sahib Al-Jawahar, Muhammad Hassan, (1404 AH), Jawaher Al-Kalam Fi SharayeAl-Eslam, Dar Ihya Al-Torath Al-Arabi, Beirut-Lebanon, 7th, Vol 22.
Peneder, M. (2022), Digitization and the evolution of money as a social technology of account. J Evol Econ 32, 175–203. https://doi.org/10.1007/s00191-021-00729-4.
Sadr, Muhammad Baqir, (1382 AH), Al-Islam Yaqud al-Hayyah, Beirut: Dar al-Taarif Lelmatbuat, p. 247.
Shahid Aval, Muhammad Bin Makki Amili, (1414 AH), Qayat Al-Morad Fi Sharhe Nokat Al-Ershad, Qom: Islamic Propaganda Office of the Qom Seminary, first edition, vol. 2.
Shushtari, Seyyed Mohammad Hassan Marashi, (1427 AH), New Perspectives in Law, Tehran, Mizan Publishing House, 2nd edition, Vol 1.
Sobhani, Hassan and Dordian, Hossein, (2015). Critical evaluation of existing approaches in the ontology of money; presenting an alternative interpretation, Islamic Economy, No. 57.
Tavasoli, M. I., (2013). Analysis of the nature of money, Islamic Economy, No. 48.
Toreehi, Fakhreddin, (1416 AH), Majma Al-Bahrain, Mortazavi bookstore, Tehran, Iran, Vol 5.
Vahdati Shabeiri, Hassan, (2000). The Unknownness of the Transaction, Qom: Tablighat Islamic Publications, 1st edition.
Zanjani, Abbas Ali Amid, (1421 AH), Political Jurisprudence, Tehran, Amir Kabir Publications, 4th edition, Vol 2.