Cryptocurrency Investment as a Marriage Dowry: An Analysis of Contemporary Islamic Family Law

Purpose - This study aims to examine the validity of using cryptocurrency as dowry in marriage based on contemporary Islamic law and positive law in Indonesia. The phenomenon of giving dowry in the form of digital assets such as Bitcoin, Ethereum, and USDT has sparked debate in contemporary Islamic family law. The fluctuating value of digital assets raises questions about the clarity of the dowry’s value. Additionally, issues of legitimate ownership arise, as transferring digital assets requires technical understanding and security measures. This form of dowry is also susceptible to speculative elements (gharar), so its halal status remains debated among scholars. Integrating contemporary social practices with Islamic Sharia principles is the main challenge to ensure that marriage contracts remain valid and compliant with Sharia principles. Methods - The research method used is a normative legal method with a conceptual approach, which examines relevant legal concepts and theories to understand the issue of digital asset dowry in contemporary Islamic family law. Data sources were obtained from primary and secondary legal materials, such as legislation, religious fatwas, fiqh books, as well as scientific journals and related theses. This study also uses a comparative approach between Islamic law and positive law in Indonesia. Findings - The findings of this study indicate that cryptocurrency can be used as dowry in marriage, provided that there are clear underlying assets, such as Bitcoin, Ethereum, and USDT, which have economically measurable value. These assets can be accepted as dowry as long as both parties agree and they can be legally transferred. Conversely, if a type of cryptocurrency does not have a clear underlying asset, it is prohibited to use it as dowry in marriage. This demonstrates the adaptation and flexibility of Islamic family law to contemporary phenomena while remaining grounded in Islamic law. Implications/limitations - This study has limitations in terms of direct testing in the community and limited jurisprudential data related to crypto dowry cases in religious courts. However, this study provides a conceptual contribution to the development of Islamic family law that is responsive to technological dynamics. Originality - This research adds value to the contemporary Islamic legal discourse and serves as a foundation for policymakers and Islamic family law practitioners in formulating legal guidelines on the use of digital assets in contemporary marriage practices.