Artificial Intelligence and Islamic Jurisprudence: The Path of Civil Liability in the Technological Era

Abstract

The rapid development of artificial intelligence (AI) across various domains of life has introduced new challenges in the area of civil liability. This article examines the jurisprudential and legal dimensions of civil liability concerning damages resulting from AI from the perspective of Islamic jurisprudence. The primary aim of this study is to propose a framework for determining liability in situations where AI is identified as the cause or agent of harm. The key research questions addressed include: What is the jurisprudential basis for liability arising from AI? What criteria exist for attributing liability to the manufacturer, programmer, user, or AI itself? And can the traditional rules of civil liability in Islamic jurisprudence be harmonized with the exigencies of AI technology? Using a descriptive-analytical method and documentary research, the study explores Islamic jurisprudential sources (Qur’an, Sunnah, consensus, and reason) as well as legal materials to analyze various perspectives on civil liability. The central hypothesis of the paper is that by relying on foundational principles in Islamic jurisprudence—such as the principle of ghurur (inducement to harm), the principle of itlaf (destruction of property), and the principle of tasbib (causation)—an appropriate framework can be constructed for assigning civil liability for harms caused by AI. The research findings indicate that AI cannot be regarded as an independent legal person, and that ultimate responsibility must be attributed to the natural or legal persons involved in its design, production, operation, or oversight. In conclusion, the article affirms that Islamic jurisprudence, through its doctrinal capacities, can contribute effectively to the responsible and ethical development of AI technologies and offer protective measures for individuals against potential harms associated with them.