Feasibility of Recognizing Digital Currencies and Virtual Assets as Mahr: A Jurisprudential and Legal Analysis

Abstract

The rapid development of financial technologies and the expansion of the digital economy have led to the emergence of novel forms of assets, the most prominent of which are digital currencies and other virtual assets based on blockchain technology. Despite lacking traditional physical backing, these assets have gradually acquired a significant position in economic relations due to their economic value, transferability, storage capability, and relative public acceptance. Consequently, the introduction of this emerging phenomenon into the domain of family law, particularly the institution of mahr (dower), has raised numerous jurisprudential and legal questions. On the one hand, the validity of a mahr depends upon the subject matter possessing proprietary value, rational utility, and the capacity for ownership and delivery. On the other hand, the intangible nature of digital currencies, their substantial price volatility, legal uncertainties, and certain jurisprudential concerns have cast doubt on their eligibility to serve as mahr. Employing a descriptive-analytical method and drawing upon the sources of Imamiyya jurisprudence, Iranian legal provisions, and contemporary scholarship on technology law, this study examines the possibility of recognizing digital currencies and virtual assets as mahr. The findings indicate that, provided their customary proprietary value, lawful utility, transferability, and deliverability are established, the designation of digital currencies and certain virtual assets as mahr is compatible with the principles of Imamiyya jurisprudence and Iranian law. Nevertheless, due to extreme value fluctuations, technological risks, legislative ambiguities, and the possibility of gharar (excessive uncertainty) in certain instances, specific conditions and regulatory safeguards should be taken into consideration. Accordingly, digital currencies are not inherently disqualified from serving as mahr; rather, their legitimacy depends on satisfying the general legal and jurisprudential requirements applicable to property and mahr in each particular case.