A Jurisprudential – Legal Essay on Legalization of Cryptocurrency Mining

Cryptocurrency mining is an important issue that has attracted the government’s and people’s attention to itself in recent years, and many people are active in this field. Despite the various activities in this field, the mentioned industry has not yet been legally recognized, and because of the absence of this legislation, many misfortunes and concerns have emerged. Considering this necessity and for relieving the concerns and ambiguities existing for the legislator, the present research seeks to jurisprudentially and legally investigate the ongoing problems in the legalization of cryptocurrency mining including “the nature of the cryptocurrency mining activity”, “the unnecessariness of mining”, “appointment of the mining legislator official” and “the feasibility for levying tax for mining”. The concluding element of the present research can be summarized in jurisprudential terms in “not amounting the mining activity to gambling”, “amounting the mentioned activity to reward”, “mining efficiency in terms of its necessity for protecting the network safety and the possibility for earning foreign currency incomes” and “not raising any doubt about weakening the Islamic system and sovereignty of the aliens”. In legal terms, the present study states that the legalization of cryptocurrency mining requires some changes in the Monetary and Banking Act, passed in 1980, and in tax levy terms, the aforesaid activity is included in Articles 93 and 94 of Direct Taxation Act, passed in 1987.