The Law of Bitcoin Transactions as a Digital Currency from the Maslahah Perspective
The Law of Bitcoin Transactions as a Digital Currency from the Maslahah Perspective
Imam Mustofa, Khairudin, Akhmad Junaidi, Riadi Asra Rahmad and Wahyu Abdul Jafar
 
ABSTRACT: This study aims to determine the legal details of Bitcoin transactions as a digital currency in terms of maslahah. This study explained how to make istinbath using maslahah, starting with a detailed description of Bitcoin as a digital currency, followed by synchronization and verification between the conditions for pronouncing maslahah, and the benefits contained in Bitcoin as a digital currency, and finally, the legal justification process for Bitcoin transactions as a digital currency. This study is literature research with a normative approach. The data collection technique used in this study is the documentation technique. At the same time, the analysis technique in this study uses descriptive inductive techniques. This study obtained two conclusions: First, the benefits derived from Bitcoin transactions as digital currency have met the requirements to be used as a basis for hujjah using maslahah. Second, the law of Bitcoin transactions as a digital currency can change according to the situation and conditions of the transaction, which can turn into permissible if it can bring benefits and can also turn into haram if it causes mudhorat (harm). The law of Bitcoin transactions as digital currency meets two conditions: the taqobut (handover during the transaction) and the Tahalul (cash) if bitcoin transactions use a different medium of exchange. If the bitcoin transaction uses the same medium of exchange, one more condition is added, i.e., Tamasul (the exchange rate is the same). In comparison, the law of Bitcoin as a digital currency turns into haram if these three conditions do not materialize. These three requirements must exist to realize the benefit and not harm one of the parties who transact using bitcoin.

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