Islamic Legal Foundations and Contemporary Fatāwā on Artificial Intelligence: A Fiqhī Analysis

Rohma; Dr Shahzadi Pakeeza

Rohma MPhil Scholar, Department of Islamic Studies, Fatima Jinnah Women University, Rawalpindi
Dr Shahzadi Pakeeza Associate Professor/Chairperson, Department of Islamic Studies, Fatima Jinnah Women University, Rawalpindi

Keywords: Islamic Jurisprudence (Fiqh), Usul al-Fiqh, Maqasid al-Shariah, Artificial Intelligence, Ijtihad, Fatwa, Maslahah Mursalah, Sadd al-Dhara'i

Abstract

This article examines the Islamic legal foundations for regulating Artificial Intelligence (AI) by integrating classical juristic principles with contemporary Islamic legal opinions (fatāwā). Employing a qualitative library-based methodology, the study analyzes the primary sources of Islamic jurisprudence—the Qur'an, Sunnah, Ijmāʿ, and Qiyās—alongside the dynamic mechanism of ijtihād to assess the legal and ethical implications of emerging AI technologies. It further explores the application of established juristic principles, including ʿUrf (custom), Maṣlaḥah Mursalah (public interest), and Sadd al-Dharāʾiʿ (blocking the means to harm), in addressing contemporary technological developments. The study also examines the framework of Maqāṣid al-Sharīʿah—the preservation of religion, life, intellect, lineage, and wealth—as a comprehensive normative model for AI governance in Muslim societies. In addition, it critically reviews institutional fatāwā and resolutions issued by the International Islamic Fiqh Academy (OIC), Dār al-Iftāʾ al-Miṣriyyah, and the Jordanian Iftāʾ Department, together with the scholarly contributions of Mufti Muhammad Taqi Usmani, Shaykh Abdullah bin Bayyah, and Dr. Sami Al-Suwaylim. The study argues that Islamic jurisprudence possesses sufficient interpretive flexibility, particularly through collective ijtihād (ijtihād jamāʿī), to accommodate technological innovation while safeguarding the objectives and ethical principles of Sharīʿah. It concludes that AI is not inherently incompatible with Islamic law; rather, its permissibility and regulation depend upon ensuring that its development and application promote justice, public welfare, transparency, accountability, and the higher objectives of the Sharīʿah.and Shariah-compliant framework without compromising foundational principles.