Artificial intelligence is steadily transforming legal landscapes worldwide, but its integration within the Islamic world unfolds along unique trajectories. The dynamic interplay between Sharia principles and evolving legal frameworks for technology raises profound questions about governance, ethics, and the future of justice in Muslim-majority countries. Exploring how Islamic jurisprudence shapes the adoption and regulation of AI reveals both the adaptability of tradition and the creativity of contemporary legal minds.
Sharia: Foundations and Flexibility
Sharia—derived from the Quran, Hadith, consensus (ijma’), and analogy (qiyas)—serves as the foundational legal and moral framework for many Muslim societies. While often perceived as immutable, Islamic law has demonstrated remarkable flexibility, especially through its mechanisms for interpretation and adaptation. This adaptability is now being tested in the face of technologies that challenge conventional boundaries of law and ethics.
“Islamic law is not merely a relic of the past, but a living system capable of responding to new realities, provided its principles are carefully re-examined.”
AI technologies, with their capacity for autonomous decision-making and data-driven inference, raise difficult questions for legal scholars trained in the classical Islamic tradition. Can machine learning systems be held accountable under Sharia? How does the law conceptualize the agency of an algorithm? These are not merely technical problems—they touch upon fundamental notions of justice, responsibility, and communal welfare.
Ethical Imperatives in Islamic Jurisprudence
At the heart of Islamic law lies the objective of maqasid al-sharia—the pursuit of justice, preservation of life, intellect, lineage, property, and faith. These principles shape the ethical contours within which legal scholars evaluate new phenomena. For AI, this means scrutinizing its effects on human dignity, privacy, equality, and the potential for harm or exploitation.
Privacy is a particularly salient concern. The Quran and Hadith both emphasize the sanctity of personal privacy, condemning unwarranted intrusion into the lives of others. In the context of AI-driven surveillance or data analytics, Islamic jurists have raised alarms about the risk of violating these ethical boundaries. For instance, in the United Arab Emirates and Saudi Arabia, data protection laws explicitly reference Sharia-based principles, reinforcing the idea that technological progress must not undermine core values.
Autonomy, Accountability, and the Question of Agency
The classical Islamic legal tradition anchors accountability in the concept of taklif—moral and legal responsibility that presupposes agency and intention. AI systems, lacking consciousness and intention, do not fit neatly into these categories. This presents a challenge: if an autonomous vehicle causes harm, who bears responsibility—the developer, the user, or the algorithm itself?
Legal scholars are divided. Some advocate for a strict interpretation, insisting that only humans can be liable under Sharia, while others argue for extending liability to those who design, deploy, or benefit from AI systems. The latter view draws on analogies with madaar al-zarurah (necessity) and maslaha (public interest), allowing for pragmatic adaptations in unprecedented scenarios.
Legislative Responses: Case Studies from the Islamic World
Across the Muslim world, approaches to AI regulation reflect a spectrum of engagement with Sharia. Some states have enacted explicit guidelines, while others grapple with fitting new technologies into existing legal molds.
Saudi Arabia: Innovation Anchored in Tradition
Saudi Arabia has positioned itself as a regional leader in AI, investing heavily in smart cities, digital governance, and autonomous systems. In 2022, the Saudi Data and Artificial Intelligence Authority (SDAIA) released the “National Strategy for Data and AI,” which explicitly references Sharia as a guiding framework for ethical and legal oversight. The strategy emphasizes transparency, fairness, and the prevention of harm—principles deeply rooted in Islamic jurisprudence.
“Our approach is to harmonize the rapid advances of technology with the timeless values of Sharia, ensuring that innovation serves society without compromising ethical integrity.”
The Saudi approach illustrates how tradition can coexist with technological ambition. Legislation is crafted to ensure that AI applications, especially in sensitive domains like finance, healthcare, and justice, undergo rigorous ethical review by both technical and religious authorities.
United Arab Emirates: Building Bridges Between Law and Technology
The UAE offers another instructive example. The country’s “UAE Artificial Intelligence Ethics Guidelines” combine international best practices with Islamic ethical standards, emphasizing human-centric AI, non-discrimination, and respect for individual privacy. The guidelines mandate impact assessments for AI systems, requiring developers to anticipate and mitigate any risks of injustice or harm, in line with the maqasid al-sharia.
Moreover, Dubai’s “Court of the Future” initiative explores the use of AI in legal proceedings, such as predictive analytics and automated contract review. While these tools promise efficiency, Emirati jurists remain vigilant about ensuring that algorithmic decision-making does not undermine the rights of litigants or the authority of human judges.
Malaysia and Indonesia: The Role of Fatwa Councils
In Southeast Asia, where plural legal systems intertwine with Sharia, technology regulation often falls under the purview of national fatwa councils. Malaysia’s National Fatwa Council, for example, has issued rulings addressing the permissibility of cryptocurrencies, biometric surveillance, and AI-based financial products. These rulings typically invoke the principles of justice, prevention of harm, and communal welfare, offering nuanced guidance that navigates between tradition and innovation.
Indonesia’s Ulama Council similarly weighs in on the ethical dimensions of AI, particularly in contexts like online lending, digital identity, and social media moderation. Here, the emphasis is less on codified law and more on fostering public debates that bridge religious, cultural, and technological perspectives.
Challenges and Opportunities at the Intersection of Law and Technology
The integration of AI into legal systems shaped by Sharia is not without its challenges. One recurring issue is the pace of technological change, which often outstrips the deliberative processes of religious and legal authorities. This can lead to regulatory gaps, uncertainty, or inconsistent application of rules across jurisdictions.
Algorithmic bias is a pressing concern. Machine learning systems trained on biased data can inadvertently reinforce social inequalities, an outcome at odds with the Islamic commitment to justice and equality before the law. Legal scholars and technologists in the Islamic world are thus exploring methods for auditing algorithms, ensuring transparency, and incorporating ethical oversight into the design process.
Another challenge is the global nature of AI development. Many foundational technologies are created outside the Muslim world, raising questions about sovereignty, cultural compatibility, and the importation of foreign values. Some states have responded by prioritizing local AI research and demanding that imported systems comply with national ethical standards rooted in Sharia.
“It is not enough to import technology; we must also interrogate its assumptions and ensure that it aligns with our values and legal principles.”
The Role of Islamic Legal Methodology in AI Governance
Islamic jurisprudence offers tools for navigating technological change. The principle of ijtihad—independent legal reasoning—empowers scholars to interpret the sources of law in light of new facts. In the realm of AI, ijtihad has been invoked to address issues ranging from smart contracts to autonomous vehicles and digital forensics.
Some scholars advocate for the formation of multidisciplinary panels, bringing together theologians, legal experts, engineers, and ethicists to deliberate on AI-related questions. This collaborative approach mirrors the classical tradition of shura (consultation), reinforcing the idea that technology governance must be both principled and pragmatic.
Public Discourse and the Democratization of AI Ethics
In recent years, there has been a concerted effort to involve the broader public in discussions about AI, law, and ethics. Grassroots organizations, universities, and tech startups are hosting forums, workshops, and hackathons focused on aligning AI with Islamic values. This democratization of the debate ensures that regulatory frameworks are not only top-down but also responsive to the needs and aspirations of ordinary citizens.
Education plays a pivotal role in this process. By equipping future jurists, engineers, and policymakers with both technical literacy and ethical sensitivity, Muslim societies can foster a generation capable of shaping AI in ways that honor both tradition and progress.
Looking Forward: Bridging Tradition and Innovation
The story of AI in the legal systems of the Islamic world is one of dialogue—between past and present, faith and reason, local values and global norms. While challenges abound, the creative engagement of Islamic jurisprudence with new technologies demonstrates a resilience and intellectual dynamism that defies stereotypes.
As AI continues to reshape societies, Muslim-majority countries are uniquely positioned to contribute to global debates on technology governance. By drawing on the rich heritage of Sharia while embracing the possibilities of innovation, they can offer models of ethical and legal stewardship that resonate far beyond their borders.
The journey is ongoing, marked by critical inquiry, collaborative problem-solving, and a commitment to justice that transcends time and technology.
