Muhammad Diyaul Umami Zein
Universitas Islam Negeri Raden Intan Lampung

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MAHAR BERBASIS ASET DIGITAL DALAM PERSPEKTIF MAQĀṢID AL-SYARĪ‘AH: ANALISIS FIKIH TERHADAP CRYPTOCURRENCY DAN NON-FUNGIBLE TOKEN Muhammad Diyaul Umami Zein; Eko Hidayat; Agus Hermanto
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 4 (2026): Oktober 2026
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/s73pnb06

Abstract

The development of blockchain technology has introduced new forms of digital assets, particularly cryptocurrency and Non-Fungible Tokens (NFTs), which raise new questions concerning the concept of property (māl) and its use as a marriage dowry (mahar) in Islamic law. This article examines the legal construction of cryptocurrency and NFT as objects of mahar and analyzes their use through the principle of ḥifẓ al-māl within maqāṣid al-sharī‘ah. This study employs normative legal research with a conceptual and philosophical approach. The sources consist of the Qur’an, hadith, classical and contemporary fiqh works, fatwas, Indonesian legal regulations, and relevant scholarly literature. The analysis proceeds through identification of legal norms, classification of concepts of māl and mahar, comparison of scholarly opinions, application of those concepts to cryptocurrency and NFT, maqāṣid analysis, and formulation of legal conclusions. The findings show that cryptocurrency and NFT may qualify as māl and potentially serve as mahar when the object, ownership, value at the time of akad, and transfer mechanism are sufficiently clear and legally controllable. Nevertheless, their use requires limits because volatility creates economic risk, gharar concerns uncertainty relevant to the contract, and maisir concerns speculative or chance-based gain. From the perspective of ḥifẓ al-māl, the use of digital assets as mahar should therefore be accompanied by clear identification of the asset, proof of ownership, a documented rupiah reference value at the time of akad, secure transfer, and protection of the recipient’s access to the asset.