Ameer Majeed Dahdouh Al-Alili, Zaid Salam Abdullah
This research aims to clarify the actual works of criminal liability for crimes committed using cryptocurrency and to highlight the flaws of Iraqi legislation about this modern type of crime. Accordingly, an attempt has been made to analyse the elements, kinds, and difficulties of evidence, leading up to determining the legal system in which to protect from and suppress this type of crime, of which cyberspace is a part. This research is descriptive-analytical in nature, where legislation has been examined. The research indicates that the wide scope of risks involving cryptocurrency crimes makes it difficult to subject them to existing laws on movable property, especially since the legislator has omitted the criminalization of certain attacks like wallet hacking, while the sophisticated nature of making inquiries and collecting evidence complicates establishing a definitive link between the perpetrator and the transaction. All in all, this study finishes off with the need to develop or amend legislation to extend the definition of digital assets and criminalise attacks against them, strengthen investigative capacity in electronic tracking, establish units for cryptocurrency crimes, and regulate digital seizures and confiscation mechanisms. This further highlights the importance of modernising legislation in light of the criminal threat’s cryptocurrencies pose to upholding economic and legal security.
This study discusses a cryptocurrency model that is in accordance with Islamic sharia principles. The study was conducted using a qualitative method involving interviews with experts in digital technology and Islamic finance, as well as secondary data analysis from various literatures. The results of the study show differences in the views of scholars regarding the permissibility of cryptocurrency, where some state it is halal, some are haram, and others are neutral. The elements that make cryptocurrencycontroversial in sharia include uncertainty, excessive speculation, and the absence of supporting assets. This study offers a halal cryptocurrency model that is free from gharar, maysir, has supporting assets, is under the supervision of sharia authorities, is transparent, safe, free from usury, and is supported by fatwas. This model aims to provide a halal alternative for Muslims in transacting using modern cryptocurrency technology.
This study aims to analyze Islamic scholars' views on the halal or haram status of cryptocurrency in financial transactions according to Islamic jurisprudence (fiqh muamalah). Using a qualitative approach and comparative analysis method, this research explores the opinions of scholars and Islamic financial institutions regarding the use of cryptocurrency as a transactional tool. The results indicate two main groups of views: one group supports the use of cryptocurrency with specific conditions that align with Sharia, while the other group rejects it due to the presence of gharar (uncertainty) and maisir (speculation) in its use. This study provides a deeper understanding of the similarities and differences in scholars' arguments and their implications for Shariah decisions in the context of Islamic economics. The conclusion of this study is the importance of regulation and clear guidelines to ensure cryptocurrency’s compliance with Sharia principles.