Principles of Islamic Jurisprudence Governing the Application of Artificial Intelligence Technologies

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Department of Islamic Studies, College of Basic Education, Public Authority for Applied Education and Training, Kuwait.

Abstract

This study aims to identify essential societal rulings related to artificial intelligence (AI) by examining their connection to principles of Islamic jurisprudence (al-qawāʿid al-uṣūliyya). Employing an inductive approach, the research collects linguistic and technical definitions pertaining to these principles and artificial intelligence, exploring their interrelations. A descriptive methodology is utilized to analyse rulings associated with AI applications through the lens of legal maxims (al-qawāʿid al-fiqhiyya), while a comparative method distinguishes between principles of jurisprudence, legal maxims, and legal criteria (ḍawābiṭ fiqhiyya).
The study defines principles of Islamic jurisprudence as methodological tools that guide the interpretation of scriptural evidence to derive specific legal rulings through structured juristic reasoning. It differentiates between legal maxims, which encompass various legal branches and numerous jurisprudential issues, and legal criteria, which are confined to a single legal category or specific ruling. Artificial intelligence is characterized as contemporary technology employing algorithms and software designed to emulate human cognitive processes, enabling the formation of opinions and judgments across diverse human endeavours, including medical, legal, religious, social, economic, and political fields.
The study categorizes principles of jurisprudence into three types: purely methodological principles, principles with jurisprudential dimensions, and legal maxims. It emphasizes the necessity of human oversight when implementing AI technologies, particularly in sensitive domains such as medicine, law, economics, and security, due to potential ethical concerns like algorithmic bias, discriminatory programming, and misuse, including privacy infringements.
The study recommends expanding research into a comprehensive scholarly project addressing the relationship between principles of Islamic jurisprudence and AI technologies. It advocates for scholarly conferences dedicated to exploring Islamic jurisprudential studies and their application to AI technologies. Additionally, it suggests establishing international Islamic centres specializing in legal rulings related to AI to keep pace with technological advancements and encourages intensified academic efforts focused on systematically applying these principles to AI technologies.

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