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All Journal Hukum Islam
Muhammad Faiz Farhan
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Law, Crime, Criminology & Criminal Justice

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VALIDITY OF CRYPTOCURRENCY AS DOWRY IN MARRIAGE IN INDONESIA PERSPECTIVE OF ISLAMIC LAW Muhammad Faiz Farhan; Kasuwi Saiban
Hukum Islam Vol 24 No 2 (2024): Islamic Family and Economic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.23527

Abstract

This study examines the validity of cryptocurrency as a dowry in marriage in Indonesia from the perspectives of Islamic law and positive law. Technological advancements have driven the use of crypto assets as dowries, sparking debates regarding their legitimacy and mechanisms. This research aims to analyze these issues using a normative approach with contemporary ijtihad methods (intiqa’i and insya’i) and a statute approach. The findings reveal that, in general, the Indonesian Ulema Council (MUI) prohibits the use of cryptocurrency as a medium of exchange or commodity, except when it fulfills the requirements of sil’ah. In the context of national law, crypto assets can be used as dowries if agreed upon by both parties. The transfer mechanism requires a grant process before a notary to ensure legal validity. This study has implications for the development of regulations and legal understanding regarding the use of modern technology in religious traditions.Key words: Cryptocurrency, Dowry, Islamic Law, Positive Law, Technology.
Co-Authors Kasuwi Saiban