USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 4 (2026): Oktober 2026

MAHAR BERBASIS ASET DIGITAL DALAM PERSPEKTIF MAQĀṢID AL-SYARĪ‘AH: ANALISIS FIKIH TERHADAP CRYPTOCURRENCY DAN NON-FUNGIBLE TOKEN

Muhammad Diyaul Umami Zein (Universitas Islam Negeri Raden Intan Lampung)
Eko Hidayat (Universitas Islam Negeri Raden Intan Lampung)
Agus Hermanto (Universitas Islam Negeri Raden Intan Lampung)



Article Info

Publish Date
15 Oct 2026

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.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...