Volume 6, Issue 3 (2021)                   2021, 6(3): 145-154 | Back to browse issues page

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Panahi B, Molaei Y, Talebzadeh H. Review of Legal and Jurisprudential Principles Regarding the Validity of Digital Currencies in Medical Contracts. Quran and Medicine 2021; 6 (3) :145-154
URL: http://quranmed.com/article-1-620-en.html
1- PhD Student, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran.
2- Assistant Professor, Law Department, Urmia Branch, Islamic Azad University, Urmia, Iran (Corresponding Author). , Y.molaei@gmail.com
3- Assistant Professor, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran
Abstract:   (942 Views)
Purpose: The present study tries to examine and analyze the legal and jurisprudential arguments regarding the validity of digital currencies in medical contracts in order to clarify this issue through these studies of legal and jurisprudential rulings.
Materials and Methods: This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to Quranic, narrative, legal and jurisprudential texts.
Findings: Digital currencies are one of the emerging currencies that are used in transactions and contracts, including medical contracts. However, since the nature of this type of currency has not been clearly and comprehensively explained yet, from a legal and jurisprudential point of view, doubts have been raised about their validity and being the price of contracts. Therefore, the main question of the research is "Is digital currency valid in medical contracts from a jurisprudential and legal point of view?". The research hypothesis is that there are two perspectives on this. Some, based on the verse of the denial of the mustache «وَلَنْ یَجْعَلَ اللَّهُ لِلْکَافِرِینَ عَلَی الْمُؤْمِنِینَ سَبِیلًا»(نساء: 141)، «یَا أَیُّهَا الَّذِینَ آمَنُوا لَا تَأْکُلُوا أَمْوَالَکُمْ بَیْنَکُمْ بِالْبَاطِلِ...»(نساء: 29)،  the lack of combustion of the transaction. , The arrogance of the transaction and some other jurisprudential and legal arguments do not consider these currencies valid. But others have confirmed the validity of these currencies by citing the theory of purchasing power, the theory of nominal value and other jurisprudential and legal generalities.
Conclusion: By referring to the general Quranic verses and rules and the principles and rules of jurisprudence and theories of experts that have religious authority, it can be considered valid by determining the appropriate principles, rules and legislation in this regard and careful monitoring of digital currencies.


 
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Type of Study: Research | Subject: Special
Received: 2021/04/5 | Accepted: 2021/08/2 | Published: 2021/12/21

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