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The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective

Capacity is the legal right and empowerment of a legal person to individual responsibility. A legal person has the right to social, economic, and political duties and responsibilities in the society to sue and be sued in the law court. However, the issue of artificial persons has been gaining attent...

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Main Authors: Sitiris, Miszairi, Busari, Saheed Abdullahi
Format: Article
Language:English
English
Published: Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM) 2024
Subjects:
BPH754.3 Mudharabah - Trust Financing
Online Access:http://irep.iium.edu.my/112024/2/112024_The%20legal%20capacity%20%28Al-Ahliyyah%29%20of%20artificial%20intelligence.pdf
http://irep.iium.edu.my/112024/3/112024_The%20legal%20capacity%20%28Al-Ahliyyah%29%20of%20artificial%20intelligence_Scopus.pdf
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https://doi.org/10.33102/mjsl.vol12no1.453
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spelling my.iium.irep.1120242024-05-03T00:52:05Z http://irep.iium.edu.my/112024/ The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective Sitiris, Miszairi Busari, Saheed Abdullahi BPH754.3 Mudharabah - Trust Financing Capacity is the legal right and empowerment of a legal person to individual responsibility. A legal person has the right to social, economic, and political duties and responsibilities in the society to sue and be sued in the law court. However, the issue of artificial persons has been gaining attention in recent times, especially its legal capacity. This paper examines the legal capacity of Artificial Intelligence from Islamic jurisprudential perspective. For instance, legal and juristic issues remain around the legal capacity of humanoids like Sophia Robot which was granted the first full citizenship in Saudi Arabia. Does that citizenship translate to full rights and responsibility like a normal human? The study uses a qualitative method to employ the doctrinal approach of analyzing Islamic jurisprudential opinions on the legal personality of an artificial person. Although there are Islamic thresholds on minors and other interdicted persons, however, the study explores the extent of interpolating classical Islamic rulings of the legal capacity of certain corporations, entities, and interdicted persons on the artificial intelligence robot. The study found that an artificial intelligence robot does not have the complete traits to be considered for natural legal capacity. However, AI has the trait of artificial personality that is justified in Islamic jurisprudence. The vicarious tortious liability can be interpolated on the artificial personality of AI to ensure the protection of the public interest. Therefore, this study lays the groundwork for further studies in understanding how Islamic law can address the rights, responsibilities, and ethical considerations surrounding the use of AI, thereby facilitating the development of comprehensive, and religiously sensitive regulatory frameworks. Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM) 2024-04-03 Article PeerReviewed application/pdf en http://irep.iium.edu.my/112024/2/112024_The%20legal%20capacity%20%28Al-Ahliyyah%29%20of%20artificial%20intelligence.pdf application/pdf en http://irep.iium.edu.my/112024/3/112024_The%20legal%20capacity%20%28Al-Ahliyyah%29%20of%20artificial%20intelligence_Scopus.pdf Sitiris, Miszairi and Busari, Saheed Abdullahi (2024) The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective. Malaysia Journal of Syariah and Law, 12 (1). pp. 31-42. ISSN 1985-7454 E-ISSN 2590-4396 https://mjsl.usim.edu.my/index.php/jurnalmjsl/about https://doi.org/10.33102/mjsl.vol12no1.453
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic BPH754.3 Mudharabah - Trust Financing
spellingShingle BPH754.3 Mudharabah - Trust Financing
Sitiris, Miszairi
Busari, Saheed Abdullahi
The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective
description Capacity is the legal right and empowerment of a legal person to individual responsibility. A legal person has the right to social, economic, and political duties and responsibilities in the society to sue and be sued in the law court. However, the issue of artificial persons has been gaining attention in recent times, especially its legal capacity. This paper examines the legal capacity of Artificial Intelligence from Islamic jurisprudential perspective. For instance, legal and juristic issues remain around the legal capacity of humanoids like Sophia Robot which was granted the first full citizenship in Saudi Arabia. Does that citizenship translate to full rights and responsibility like a normal human? The study uses a qualitative method to employ the doctrinal approach of analyzing Islamic jurisprudential opinions on the legal personality of an artificial person. Although there are Islamic thresholds on minors and other interdicted persons, however, the study explores the extent of interpolating classical Islamic rulings of the legal capacity of certain corporations, entities, and interdicted persons on the artificial intelligence robot. The study found that an artificial intelligence robot does not have the complete traits to be considered for natural legal capacity. However, AI has the trait of artificial personality that is justified in Islamic jurisprudence. The vicarious tortious liability can be interpolated on the artificial personality of AI to ensure the protection of the public interest. Therefore, this study lays the groundwork for further studies in understanding how Islamic law can address the rights, responsibilities, and ethical considerations surrounding the use of AI, thereby facilitating the development of comprehensive, and religiously sensitive regulatory frameworks.
format Article
author Sitiris, Miszairi
Busari, Saheed Abdullahi
author_facet Sitiris, Miszairi
Busari, Saheed Abdullahi
author_sort Sitiris, Miszairi
title The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective
title_short The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective
title_full The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective
title_fullStr The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective
title_full_unstemmed The legal capacity (Al-Ahliyyah) of artificial intelligence from an Islamic jurisprudential perspective
title_sort legal capacity (al-ahliyyah) of artificial intelligence from an islamic jurisprudential perspective
publisher Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM)
publishDate 2024
url http://irep.iium.edu.my/112024/2/112024_The%20legal%20capacity%20%28Al-Ahliyyah%29%20of%20artificial%20intelligence.pdf
http://irep.iium.edu.my/112024/3/112024_The%20legal%20capacity%20%28Al-Ahliyyah%29%20of%20artificial%20intelligence_Scopus.pdf
http://irep.iium.edu.my/112024/
https://mjsl.usim.edu.my/index.php/jurnalmjsl/about
https://doi.org/10.33102/mjsl.vol12no1.453
_version_ 1800081792407961600
score 13.211869

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