التبیین الفقهيّ لوضع سياسات الذكاء الاصطناعيّ في الحوكمة الإسلاميّة

The rapid expansion of artificial intelligence (AI) in recent years has transformed this technology from a purely technical tool into one of the most influential drivers of decision-making, regulation, and governance in contemporary societies. AI now plays an increasingly significant role in areas such as big data management, resource allocation, intelligent monitoring, social behavior prediction, public service delivery, healthcare, education, and security, making it a fundamental issue in the field of public policymaking. In societies whose systems of governance are founded upon religious principles and Islamic law (Sharī'ah), this transformation is not merely a technological development but also raises jurisprudential, legal, and civilizational questions. The central issue is: What are the limits of the legitimate use of artificial intelligence within Islamic governance, and upon what principles should policymaking in this domain be based so that its transformative capacities may be utilized while preventing conflict with the principles of Islamic law, human dignity, and social justice?
The principal objective of this study is to formulate a jurisprudential framework for AI policymaking in Islamic governance. The article argues that policymaking in the field of artificial intelligence cannot rely solely on technical, economic, or administrative considerations; rather, it must be grounded in the principles of governmental jurisprudence, the objectives of Islamic law, and the ethical and legal requirements of Islam. The central premise of the study is that artificial intelligence should not be regarded as an autonomous decision-making authority. Instead, it should function as a controllable and value-guided instrument serving the realization of justice, the public interest (maṣlaḥah), the protection of human dignity, and the enhancement of governmental effectiveness. The primary objective of this study is to identify and formulate the jurisprudential foundations of artificial intelligence policymaking and to develop a theoretical framework for regulating the relationship between emerging technologies and the Islamic system of governance. This research employs a descriptive-analytical method based on documentary research and jurisprudential analysis. The study first conceptualizes the issue of artificial intelligence within the context of Islamic governance and subsequently examines the literature on governmental jurisprudence, Islamic legal maxims, the objectives of Islamic law, and digital governance. Through this analysis, it derives a set of foundational principles capable of providing a normative basis for AI policymaking. The findings demonstrate that principles such as justice, public interest (maṣlaḥah), the legal maxim of "no harm" (lā ḍarar), trusteeship in governance, accountability, the protection of human dignity, and the prohibition of discrimination constitute the essential pillars of a coherent jurisprudential framework for AI policymaking. According to these principles, the use of intelligent systems
in governance should be structured in a manner that enhances efficiency, transparency, and accuracy in public decision-making
while simultaneously preventing violations of privacy, algorithmic discrimination, the erosion of meaningful human agency, and infringements upon citizens' rights. One of the study's most significant findings is that data justice and distributive justice should be recognized as two fundamental components of AI policymaking. Data justice refers to the equitable distribution of access to, ownership of, utilization of, and protection of data. Distributive justice requires that the benefits of intelligent technologies be shared fairly across society and that digital inequalities among different social groups not be exacerbated. Furthermore, both religious and civil liability for algorithmic errors should be clearly defined so that developers, implementing institutions, and policymaking authorities are each held accountable within the scope of their respective responsibilities.
To bridge the gap between theoretical foundations and practical implementation, the article proposes a three-level model for jurisprudential policymaking. The first level comprises the epistemological and jurisprudential foundations, where the nature and purpose of technology are explained within the framework of the Islamic worldview. The second level consists of jurisprudential principles, in which concepts such as public interest, justice, the prohibition of harm, trusteeship, and accountability are translated into regulatory norms. The third level concerns governance and implementation, where these principles are institutionalized through legislation, public institutions, and operational mechanisms.
Accordingly, the relationship between jurisprudence and technology is understood as one of constructive interaction and normative guidance. Jurisprudence determines the ethical orientation of technological development, while technology can serve as an instrument for realizing the objectives of Islamic law, including justice, social order, public welfare, and the protection of people's rights.
The study concludes that governmental jurisprudence possesses the capacity to organize AI policymaking within a framework that is simultaneously legitimate, ethical, and effective. Such a framework does not hinder technological innovation; rather, it redirects technological development away from a purely instrumental and profit-oriented logic toward a model centered on justice, human dignity, and the objectives of Islamic law. Consequently, Islamic governance in the age of artificial intelligence can achieve long-term success and sustainability only by establishing a balanced relationship between the demands of emerging technologies and the enduring principles of Islamic law, thereby presenting a model of intelligent, ethical, and responsible governance based on governmental jurisprudence.