The Sharīʿa Perspective on the Use of Generative Artificial Intelligence in Deriving Legal Rulings and Issuing Fatwas

Mohammed Bin Hussein Justaniah, Hanan

doi:10.21608/bfsgm.2025.441739

The Sharīʿa Perspective on the Use of Generative Artificial Intelligence in Deriving Legal Rulings and Issuing Fatwas

Author

Hanan Mohammed bin Hussein Justaniah

Umm Al-Qura University, Makkah, Kingdom of Saudi Arabia

10.21608/bfsgm.2025.441739

Abstract

This study addresses the use of generative artificial intelligence (AI) in the domain of Islamic legal methodology, with a focus on its application to deriving legal rulings (istimbāṭ al-aḥkām) and issuing fatwas. The aim is to assess the juristic implications of incorporating generative AI into processes traditionally governed by human scholarship and to propose Islamic legal parameters for its appropriate use. The study identifies key challenges posed by these technologies and formulates a framework of Sharīʿa-based guidelines to govern their implementation in the field of Islamic jurisprudence.
The research employs three interrelated methods: a descriptive approach to outline the central issues, a critical analytical method to examine juristic differences and the underlying legal principles shaping them, and a comparative approach to evaluate competing views and determine the most substantiated position (rājiḥ).
The study is structured into four main sections. The first introduces the terminology and conceptual framework of the topic. The second examines the permissibility of using generative AI in issuing fatwas. The third outlines the Sharīʿa-based conditions for employing AI in deriving rulings. The final section presents the key findings and recommendations.
Among the central conclusions is that the juristic basis for the use of generative AI in legal reasoning rests primarily on two foundational principles: the balance of public interest and harm (taʿāruḍ al-maṣāliḥ wa-l-mafāsid), and the preservation of the five essential objectives of Islamic law (al-ḍarūriyyāt al-khams). The study supports the view that generative AI may be used as a supplementary tool to assist qualified scholars in legal reasoning and fatwa issuance—provided that its use is constrained by carefully defined religious and ethical safeguards.
The research further underscores that epistemic security—ensuring the reliability and integrity of the knowledge generated—is a necessary condition for trusting the outputs of generative AI models in this context.
Among its key recommendations, the study calls on institutions engaged in collective ijtihād—such as fiqh academies and fatwa councils—to initiate the development of a dedicated generative AI model tailored specifically to the tasks of Islamic legal reasoning and fatwa issuance. This effort should involve collaboration between Sharīʿa scholars, experts in auxiliary sciences, and technical specialists, to define the model’s objectives, operational framework, expected outcomes, and governing principles.

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