المحفوظات

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  Perspektif Fikih

  مجلد 1 عدد 2 (2026)

  This study investigates the legal status and ethical implications of applying
  Artificial Intelligence (AI) in public and judicial decision-making contexts,
  including the allocation of social assistance and criminal risk prediction. The
  rapid global shift toward algorithmic governance raises a pressing need for
  Muslim societies to establish a fiqh-ethical framework grounded in Islamic
  legal tradition. Using a qualitative-normative method, the research adopts an
  Uṣūl al-Fiqh and Islamic Ethics approach with a focus on Istiṣlāḥ (public
  interest analysis) and the application of core al-Qawāʿid al-Fiqhiyyah (Islamic
  legal maxims). The findings reveal that the legal status of AI is mubāḥ
  muqayyad (permissible with conditions), provided that its development and
  use comply with the maxim Darʾ al-Mafāsid Muqaddamun ʿAlā Jalbi alMaṣāliḥ

  (preventing harm takes precedence over obtaining benefit). AI
  becomes ḥarām li ghayrihi when it generates mafsadah ẓulm (harm through
  injustice), particularly due to algorithmic bias. The research proposes an
  Islamic Ethical Framework for Algorithmic Governance built upon three
  pillars: Equity (bias mitigation), Amānah (independent algorithmic audit), and
  Masʾūliyyah (human supervisory accountability). The study concludes that AI
  must serve solely as an instrument (wasīlah), while ultimate legal and public
  decisions must remain under human authority to safeguard iʿtiqād al-Qāḍī and
  ensure full accountability.