The Ruling on Using Cryptocurrency as Dowry (Mas Kahwin)

By Tunai Zakat

QUESTION

Peace be upon you. I have a question. Is it permissible to use cryptocurrency coins as dowry (mas kahwin)? Thank you.

SUMMARY OF THE ANSWER

In Malaysia, cryptocurrency or crypto coins are not yet recognized as a legal medium of exchange like the Malaysian Ringgit (RM), as Bank Negara Malaysia (BNM) has not given official recognition. However, in the current Malaysian context, cryptocurrency is considered a tradable commodity and an asset. Based on this concept, cryptocurrency can be used as a dowry (mahr), and it is considered permissible (valid) in Islamic law.

EXPLANATION OF THE ANSWER

Mahr, or dowry, is a mandatory gift that must be given by the husband to the wife. In fiqh terminology, mahr refers to the property that must be given by the man to the woman as a condition for a valid marriage contract, which then legitimizes the relationship between the two.

(Reference: Al-Mu’tamad fi al-Fiqh al-Syafi’e, 4/109–110)

Next, there is no specific limit for the amount of mahr, whether in terms of a minimum or maximum amount. Instead, anything that has value, can be sold, or rented can be given as mahr—whether in the form of a tangible item (‘ayn), a debt, or a benefit. This includes both small and large items, such as a car, cash worth 10,000 dirhams, or a house. In fact, mahr can also be given in the form of teaching certain knowledge, such as knowledge of the Quran, to the wife.

(Reference: Al-Mu’tamad fi al-Fiqh al-Syafi’e, 4/113)

This is in accordance with the words of Allah (SWT):

وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ

Meaning: “And lawful to you are [all others] beyond those, [provided] that you seek them [in marriage] with your wealth.”

Surah al-Nisa’ (24)

This verse only mentions property (المال) in general, without specifying the form or amount of the wealth. Likewise, the guidance of the Prophet Muhammad (peace be upon him) through his hadith states:

أَعْطِهَا وَلَوْ خَاتَمًا مِنْ حَدِيدٍ

Meaning: "Give her even if it is only an iron ring."

Narrated by al-Bukhari (4741)

In a hadith, Amir bin Rabi’ah RA described this stance more clearly. His hadith is as follows:

أَنَّ امْرَأَةً مِنْ بَنِي فَزَارَةَ تَزَوَّجَتْ عَلَى نَعْلَيْنِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَرَضِيتِ مِنْ نَفْسِكِ وَمَالِكِ بِنَعْلَيْنِ. قَالَتْ نَعَمْ قَالَ فَأَجَازَهُ

Meaning: “A woman from the tribe of Bani Fazarah was married with a dowry of a pair of sandals. Then the Messenger of Allah (SAW) said: ‘Are you satisfied with a pair of sandals as your dowry?’ The woman replied: ‘Yes!’ So the Prophet allowed it.”

Narrated by al-Tirmidhi (1113)

Regarding the status of cryptocurrency, Bank Negara Malaysia (BNM) issued its first statement about Bitcoin on January 2, 2014, on its official website. In the brief statement, BNM emphasized that Bitcoin is not recognized as a legal tender in Malaysia, and BNM does not regulate its operations. Therefore, the public is advised to be cautious of the potential risks that may arise from the use of such digital currencies.

Although cryptocurrency has not yet been recognized as a legal tender like the Malaysian Ringgit (RM) and other currencies, it is still considered a tradable commodity and an investment asset. Based on this concept, cryptocurrency can be used as a form of dowry (mahar) because it is recognized as something of value, just like other valuable items.

Wallahu a’lam.

[1]
https://www.bnm.gov.my/-/statement-on-bitcoin#:~:text=The%20Bitcoin%20is%20not%20recognised,usage%20of%20such%20digital%20currency

[2]
https://themalaysianreserve.com/2020/10/07/investors-still-wary-on-cryptocurrencys-shariahcompliance/

Sumber Asal:
https://www.muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4958-al-kafi-1822-hukum-menjadikan-matawang-kripto-sebagai-mas-kahwin

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