نوع مقاله : مقاله پژوهشی
نویسنده
استادیار فقه و حقوق خصوصی دانشگاه شهید مطهری تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The “Lā Ḍarar” rule is one of the most important legal maxims in the Islamic legal system which, based on the Prophetic hadith “lā ḍarar wa lā ḍirār,” prohibits any form of infliction of harm,including financial harm. When confronted with emerging economic phenomena such as cryptocurrencies,this rule acquires a new and noteworthy function.Adopting an analytical descriptive approach,the present article examines the most significant challenges of cryptocurrency transactions—including extreme price volatility,market manipulation (pump and dump), organized fraudulent schemes, risks arising from sanctions, and losses resulting from user error—and classifies them into three general levels:behavioral harms, structural deficiencies,and user errors, assessing them on the basis of the“Lā Ḍarar”rule.The central research question is whether activity in the cryptocurrency market can constitute the infliction of harm upon contracting parties, society,and even the trader himself, and consequently be subject to Sharīʿa based prohibition or restriction, or not.
The findings of the study indicate that the relationship between the risks in this field and the“Lā Ḍarar” rule is not uniform:behaviors such as market manipulation and fraudulent schemes, due to their direct infliction of harm upon others, fall more clearly within the scope of the rule’s prohibition;by contrast, some harms, such as extreme price volatility or structural market risks, are less the product of harmful conduct by individuals and more attributable to the structural features of this space, and their juristic evaluation requires more precise considerations.Accordingly, the fiqh based engagement with cryptocurrencies can be articulated neither as an absolute rejection nor as unconditional acceptance; rather, the function of the“Lā Ḍarar”rule in this domain is more properly explicable in terms of guiding appropriate regulation, strengthening oversight, and enhancing user awareness and prudence to reduce the grounds for harm.Nevertheless, until the aforementioned challenges are resolved, one cannot definitively claim that the“Lā Ḍarar” rule does not apply to cryptocurrency transactions.
کلیدواژهها [English]