The emergence of Non-Fungible Tokens (NFTs) and the digital art market has sparked numerous jurisprudential questions regarding the condition of objectivity (tangibility) of the subject matter (mabīʿ) in the contemporary world. Non-Fungible Tokens (NFTs), as unique digital certificates of ownership based on blockchain technology, and digital artworks are among the revolutionary phenomena in the realm of the digital economy that have challenged fundamental issues in property and contract law across various legal systems.

This research, with a developmental comparative-analytical approach and by utilizing jurisprudential foundations, positive laws, and judicial precedents, delves deeply into the possibility of aligning NFTs and digital artworks with new exemplifications of the concepts of "property" (māl) and "tangible object" (ʿayn). It scrutinizes their intangible and digital nature in terms of compatibility and incompatibility with the condition of objectivity of the subject matter.

The findings of the research indicate that, despite traditional definitions of objectivity that emphasize perceptibility, external existence, and physical deliverability, based on jurisprudential capacities such as constructive possession (qabḍ ḥukmī) and the custom of experts, some NFTs—provided they possess pecuniary value and legitimacy—can be recognized within the framework of "property" and "subject matter of sale." Furthermore, the mechanisms of dynamic ijtihād in Islamic jurisprudence and purposive interpretation in positive law facilitate the development of these concepts. By proposing a multi-layered theory of objectivity in the digital age, this article demonstrates that NFTs and digital artworks can be analyzed and justified within frameworks such as the digital-constructive object (ʿayn iʿtibārī-dījītāl), ownership rights based on encrypted data, and economic benefit derived from social credibility.