Epistemic Authority and Algorithmic Governance: A Comprehensive Analysis of Artificial Intelligence within the Paradigm of Islamic Jurisprudence

Abstract

Artificial Intelligence (AI) has transformed the legal, financial, educational and governance frameworks across the Muslim community and crucial questions are emerging on its Islamization. In Muslim societies, the use of artificial intelligence (AI) in the legal, financial, educational and governance systems has raised several issues about its harmony with Islamic jurisprudence. The study critically explores the notions of AI, based on the principles of usul al-fiqh and Maqasid al-Shariah, from the perspectives of moral responsibility, epistemic authority, and algorithmic governance. It declares that AI is not a conscious being, it does not have a plan (niyyah) and it does not have a responsibility (taklif), and therefore cannot be a religious or legal authority on its own. Rather, AI should be applied as a decision aid and be guided and controlled by trained human operators. The study also examines how AI may be utilized in the realm of Islamic finance, digital family law, individualized Islamic education, and the algorithmic fatwa, highlighting relevant ethical concerns of hallucinating religious content, algorithmic bias, privacy and accountability concerns. It is based on the latest scholarly research and presents a governance system which is Sharia compliant and based on transparency, human control and data integrity and Maqasid based governance. The results highlight the need for responsible and ethical AI use in Muslim societies, emphasizing the importance of maintaining human moral agency while harnessing technological innovation to achieve greater public welfare and justice.