AI-Generated Fatwas in Light of Legal Capacity, Authority, and Responsibility: A Jurisprudential Study

Abstract

The contemporary world is witnessing a rapid expansion in the use of artificial intelligence technologies in knowledge production, text analysis, and providing answers in various fields. The religious and jurisprudential field is no longer immune to this transformation. Some linguistic models are now capable of generating jurisprudential answers that, on the surface, appear close to the form of a fatwa. However, this development raises precise legal and methodological issues related to the eligibility of issuing fatwas, the extent of the validity of results produced automatically by digital systems, and the limits of responsibility in cases of error, misrepresentation, or deviation from the established school of thought. This research aims to study the governance of fatwas in the age of artificial intelligence from a comparative jurisprudential perspective. It does so by clarifying the nature of a fatwa and the qualifications of a mufti, and by analyzing whether AI outputs can be considered valid fatwas or merely tools to assist researchers and muftis. Furthermore, the research seeks to present legal and methodological guidelines for the use of artificial intelligence in the field of issuing fatwas, ensuring specialized human oversight and scholarly documentation. The research clarifies the established school of thought, takes into account differing legal opinions, and protects those seeking a fatwa from unregulated outputs. It concludes that artificial intelligence (AI) does not possess the independent authority to issue fatwas, but rather can be employed as an auxiliary tool under strict Sharia-compliant guidelines. The research employs a descriptive approach to explain the nature of AI, fatwas, and AI-generated outputs, as well as to clarify the fundamental concepts related to the topic.

It also utilizes an analytical approach to examine the qualifications of a mufti (legal expert), the nature of a fatwa, the limits of relying on automated outputs, and the problematic nature of attributing fatwas to a system that lacks intent, legal capacity, and legal responsibility.

Furthermore, the research employs a comparative approach to study the issue in light of relevant jurisprudential principles and rules, comparing the views of scholars on the qualifications of a mufti, reliance on reports, the authority of transmission, and the responsibility of the source. This helps to develop a sound framework for governing fatwas in the contemporary digital environment.