Tag: MalMutaqawwam

Is a Crypto Asset Mal? Two Schools, One Answer – Part 4

Illustration reading “Is a Crypto Asset Mal?” with “Classical Economics,” “Digital Innovation,” “MAL! Unsubstantiated Value,” “New Asset Class! Part of the Future,” “Crypto Asset,” and “Two Schools, One Answer – Part 4.”

This paper does not re-argue either view. Part 2 showed that crypto assets, in general, are mal under the Maliki, Shafi’i, and Hanbali schools, referred to together as the Jumhur. [1] Part 3 showed the same conclusion under the Hanafi school, reached through a different structure. [2] This paper places the two findings side by side and asks one question: does the difference in structure change anything in practice? As a quick recap, the Jumhur include permissibility of benefit directly into the definition of mal, so asking whether something is mal already includes asking whether it is lawful (halal). The Hanafi school splits this into two separate steps instead. First, is it mal at all using it as a general term. Second, is it a valid or valuable asset in Shari’ah (mal mutaqawwam).

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Is a Crypto Asset Mal? The Hanafi View – Part 3

Text reads "Is a Crypto Asset Mal? The Hanafi View — Part 3" above three men discussing an open Quran and cryptocurrency chart on a laptop.

In Hanafi school, saying something is not mal at all is different from saying, it is mal but unlawful. The first claim removes the thing from the law of wealth completely. The second keeps it inside that law and then restricts it. This part deals only with the first question, whether a crypto asset is mal at all. The second question, whether it is also lawful or not, is addressed in the later articles of this series.

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