The possibility of concluding smart contracts in the face of Ramzarz fluctuations from the perspective of Islamic human rights

Document Type : Original Article

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Abstract
Recently, a new type of contract called smart contracts has entered the legal life of citizens, the means of payment of which is Ramzarz. But cryptocurrencies may change in value, and it is important to discuss the termination of such contracts. This research has been done by analytical-descriptive method with the aim of investigating the possibility of concluding this type of contracts in the context of changes in the value of Ramzarz from the perspective of Islamic human rights. It was concluded that the possibility of terminating the contract due to value changes is not available in any of the options. However, according to the jurisprudential principles of fairness, hardship, human dignity and conditions of force majeure, it can be considered legal to replace this type of contract with ordinary contracts based on public custom. Given that the parties to the contract did not play a role in creating these conditions, they should not cause a sudden transfer of wealth from one side to the other, which would severely damage the poor human dignity. From a legal point of view, of course, if the contractual obligations are beyond the power of the parties and neither of them has a role in creating those conditions, the judicial authority or arbitration can, in accordance with public custom, determine a way to extend the contract. W

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