Sharia Oikonomia Law Journal
Vol. 3 No. 4 (2025)

THE LEGALITY OF CRYPTOCURRENCY (ASET KRIPTO) AS A WAQF ASSET: A CONTEMPORARY ISLAMIC LAW ANALYSI

Hubbul Wathan (Politeknik Negeri Medan)
Aisha Al Suwaidi (Dubai Medical College)
Miriam Hofer (University of Applied Arts Vienna)



Article Info

Publish Date
08 Dec 2025

Abstract

The rapid growth of digital finance has introduced cryptocurrency as a novel asset class, raising profound legal and ethical questions within the framework of Islamic law. The emergence of crypto-based endowments (waqf) has sparked debates among scholars concerning the legitimacy, permanence, and Shariah compliance of digital assets as charitable instruments. This study aims to examine the legality of cryptocurrency as a potential waqf asset by exploring its compatibility with classical jurisprudential principles and contemporary Islamic financial regulations. A qualitative-deductive methodology was employed, combining doctrinal analysis of fiqh al-mu??mal?t (Islamic commercial law) with comparative evaluation of modern fatwas and regulatory policies issued by national Shariah authorities. The findings reveal that while cryptocurrencies possess economic value (m?l) and transferability, their volatility and speculative nature pose significant challenges to fulfilling the waqf requirement of asset stability and perpetuity (istibq?’ al-?ayn). However, under certain governance mechanisms—such as tokenization backed by tangible or stable assets—cryptocurrency may be conditionally recognized as a legitimate waqf instrument. The study concludes that cryptocurrency’s inclusion in Islamic endowment frameworks is permissible only through rigorous regulatory oversight, ensuring transparency, value preservation, and adherence to Shariah objectives.

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Journal Info

Abbrev

solj

Publisher

Subject

Description

The Sharia Oikonomia Law Journal explores various aspects of Sharia economic law and the evolving economic challenges. Its primary focus includes the impact of digital transformation on Islamic finance, such as fintech and blockchain, as well as the role of Sharia financial instruments (zakat, waqf, ...