Explaining the Rule Prohibiting Disruption of the Social Order and a Jurisprudential Study of Its Impact on Cryptocurrency Transactions

Soltani Fard, JAVAD; Mohammadi, Ahmad

doi:10.30497/sj.2025.245503.1330

Explaining the Rule Prohibiting Disruption of the Social Order and a Jurisprudential Study of Its Impact on Cryptocurrency Transactions

Document Type : Original Article

Authors

JAVAD Soltani Fard ¹

ahmad mohammadi ²

¹ Assistant Professor, Department of Fiqh and Private Law, Faculty of Islamic Studies and Research, Shahid Motahhari University, Tehran, Iran (Corresponding Author).

² Ph.D. in Fiqh and Fundamentals of Islamic Law, Department of Fiqh and Fundamentals of Islamic Law, Institute for Imam Khomeini and Islamic Revolution Research, Tehran, Iran.

10.30497/sj.2025.245503.1330

Abstract

1. Introduction and Objective
The concepts of “Prohibition of Disruption of the Social Order” and “Obligation to Preserve the Social Order” represent two facets of a single principle within social jurisprudence. While these concepts lack independent classification in traditional treatises on jurisprudential rules, they have recently been articulated as principles rooted in definitive rational judgment, with their contents also validated by Sharia. Since systematic order is essential for social life, any action that causes the destruction of or perceptible harm to the social order is prohibited. Given the nexus between economic instability and social disorder, the primary research question is whether cryptocurrency transactions—a nascent and transformative phenomenon in finance—can induce such disruption within the Iranian social order.
2. Methods and Materials
This study employs a descriptive-analytical methodology to evaluate the impacts and risks associated with cryptocurrency transactions within the framework of the jurisprudential rule of “Prohibition of Disruption of the Social Order.”
3. Research Findings
The findings indicate that to harness the benefits of cryptocurrency transactions, policymakers must shift from reactive stances toward the development of indigenous infrastructure, such as a national cryptocurrency and reforms to the role of banks. However, significant risks—namely capital flight, money supply volatility, money laundering, and tax evasion, which are facilitated by cryptocurrencies—must not be overlooked.
4. Discussion and Conclusion
Given the current lack of regulatory mechanisms and the structural ambiguities surrounding cryptocurrency transactions, exercising caution is imperative, at least under present conditions, regarding these financial activities.

Keywords

Disruption of the Social Order

Systemic Disorder

Preservation of the Social Order

Cryptocurrency

Bitcoin