جستجوی مقالات مرتبط با کلیدواژه "tangibility" در نشریات گروه "فقه و حقوق"

Metaverse is one of the emerging phenomena rapidly gaining traction across various dimensions. In the Metaverse, virtual assets, including virtual land, are being traded for various purposes. The validity of such transactions may pose religious and legal challenges. Some raise doubts about the ownership of virtual land because of the virtual nature . There may also be objections to the non-tangibility of virtual land by those who consider materiality as a prerequisite for a valid sale. Some argue that in such transactions, both the price and the object are virtual, leading to ambiguity in certain aspects, and thus, they consider the sale of virtual land as an example of invalid and void transactions. In this article, utilizing a descriptive-analytical approach and examining library sources, we have ultimately concluded that, according to some religious perspectives that consider customary practices and rational foundations as the criteria for materiality, virtual land in the Metaverse, being desired and possessing economic value, is considered as having materiality and can be subject to transactions. Moreover, since non-material and virtual assets are abundantly traded in today's world, it is generally accepted that sales are not limited to tangible objects. Additionally, we found that there is no ignorance or ambiguity that could lead to harm in such transactions, thus invalidity and nullity of the transaction are ruled out. In conclusion, the sale of virtual land in the Metaverse can be deemed valid unless it is deemed unethical or against public order for specific reasons in the future

The meaning of "sale" is not defined in Shariah but rather has been shaped by customary practices. In this process, usages of the wise (Sireh) have played a significant role, contributing to the credibility of this concept. Within Imami jurisprudence, there are differing views on the tangibility of goods as a condition of a valid sale contract, which can be summarised as follows:Both parties' considerations must be tangible.Only the seller's consideration must be tangible.Tangibility is not a necessary condition for a sale contract.In line with the second view, the Iranian Civil Code has enshrined the requirement for the goods’ Tangibility in Article 338. The main question is what criteria can be used to make the subject of Article 338 of the Civil Code more flexible and include it in the scope of data and information related to the property. However, this essay argues that this provision no longer enjoys legislative support, although it has not been formally repealed. Instead, we propose interpreting the concept of goods in its literal sense, i.e., the object or the property itself. Furthermore, Imami jurisprudence has the potential to adopt a more flexible approach in this regard, where common sense plays a prominent role in the opinions of jurists. Therefore, we suggest that the third view, which does not limit the types of data or information that can be considered in a sale contract, could be strengthened