The article is devoted to the analysis of cryptocurrency as a new phenomenon in the modern global economic processes and legal institutions. The relevance of the study is predetermined by the very specifics of such a phenomenon as cryptocurrency consisting of a distributed ledger technology, which determines the peculiarities of issuing, storing and performing operations with cryptocurrency. Moreover, the cryptocurrency turnover directly correlates with the national legislation of individual countries, which are the subject of domestic regulation with currency, tax legislation and legislation on the securities market. Sometimes, in this regard, there is a clash of public interests and the interests of entities involved in the circulation of cryptocurrencies. Cryptocurrency, as an unconventional, trendy phenomenon of the recent times, has become the object of research and discussions on all the world platforms, starting with academia, continuing with the business community and ending with state institutions. There are many reasons for explaining such interest and they can all be reduced to two main blocks: the advantages and the disadvantages of cryptocurrency circulation. The problem of cryptocurrency turnover, on the one hand, is that until now none of the national economies have regulated the cost-effective mechanism for the cryptocurrency turnover and, on the other hand, the leading countries have not yet set up an effective system of legal regulation of cryptocurrency. Many countries are in the active process of working to adequately address the above problem. Separately, it is worth highlighting the interest of Muslim countries in this issue, where discussions are still underway about the permissibility of cryptocurrency in Islamic law. As for the Russian realities in the context of the issue under study, the Federal Law “On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation“, which came into effect on 1 January 2021, was supposed to streamline relations of subjects including cryptocurrencies, but, according to the experts in this field, this law is far from impeccable and this sphere of relations cannot be quickly and effectively regulated. This article describes the characteristics of cryptocurrency, its essence, disadvantages and advantages as an object of economic and civil law relations. The purpose of the research is to analyze the economic and legal phenomenon of cryptocurrency, as well as its characteristics in the Muslim legal system. The complexity of the work should be emphasized as a novelty. Based on the designated goal and the logic of construction, the study consists of three interrelated parts. The first part outlines the characteristics of cryptocurrency as an economic category, the second part is devoted to its legal analysis and the last part of the study demonstrates the Islamic perception (Sharia analysis) of this phenomenon. As a conclusion on the scientific research, we will highlight the following provisions. First, economically, nowadays, cryptocurrency is a rather controversial financial instrument: on the one hand, it has great investment attractiveness, but on the other hand, it is subject to great volatility and seems to be a rather risky financial asset. Secondly, from a legal standpoint, cryptocurrencies have not yet found their consistent consolidation and further legal regulation in the Russian legislation. It seems that the legal regulation of this institution will systematically develop depending on what application and results of its turnover the cryptocurrency will have in the future. Finally, the Islamic interpretation of the cryptocurrency phenomenon boils down to the absence of a single, consistent explanation of it from the perspective of Islam and Sharia as an object of permissibility (or prohibition) of transactions with it. It is necessary to further analyze the practice of using cryptocurrency and its impact on the economy and legal institutions in order to make a final decision on its permissibility or prohibition in correlation with the types of activity and the upcoming consequences associated with it.
The scientific article is devoted to the study of some legal categories, terms that are used by Russian-speaking researchers in the process of studying the Islamic system of law, Fiqh, Sharia, the religion of Islam in general. As a justification for the relevance of the work, it is indicated that in Russian Academic Islamic studies there is a need for standardization and typification of a conceptual apparatus for the objective understanding and interpretation of various sources of the Islam religion and law, especially when it comes to issues of responsibility, analysis of the actions of the subject, and its behavior. In this study, the linguistic method is used as a methodological basis to a greater extent, which allowed to develop and show the formulations and the relationship of individual legal concepts and categories in Russian, Arabic and Chechen languages. Structurally, this work consists of an introduction, the main part presented in tabular form and a conclusion. As a conclusion, the work indicates that the Russian scientific academic community dealing with issues of Islam, Islamic law, is called upon to learn how to speak one universal language, regardless of what language and culture they represent (Russian, Chechen, Arabic, etc.) That should be the language of faith, science, the language of knowledge and of objective truth.
The scientific article is devoted to the analysis of fatwa-issuance procedure, characteristic of the Muslim legal system. The article also provides the concept of fatwa and the requirements for the status of a fatwa-issuer. The scientific analysis is based on the Holy Quran and the Sunnah of the Prophet Muhammad (peace and blessings be upon him), as well as the basic four religious and legal schools of Islamic fiqh (madhhabs). In addition, the fatwa-issuing activity in the conditions of historical Chechnya is considered on the example of qadi’s theological activity from Shalinsky district, Sheikh Sugaip-mullah. Areligious figure who issues a fatwa must comply with a number of conditions and requirements. In conclusion, the article notes that issuing fatwa (fatwa-issuance) is a very serious and responsible procedure and mission that must be carried out based on the fundamental sources of the Muslim law and the achievements of the religious and the legal schools (madhhabs). A person who issues a fatwa (fatwa issuer) must meet very high standards. Ignorance, and especially in religious matters, gives seeds producing sprouts of confusion and ignorance (fitnah).
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