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The Integration of Artificial Intelligence (AI) into the Shariʿah Judiciary: A Maqaṣid Al-Shariʿah Approach to Ethical and Legal Transformation
Date Issued
2025
Author(s)
Mohamad Aniq Aiman Alias
Tuan Muhammad Faris Hamzi Tuan Ibrahim
Muhamad Nabilunnaim Mohamad Sukri
Abstract
The advancement of Artificial Intelligence (AI) has transformed numerous sectors, including the legal domain, offering enhanced accuracy, efficiency, and transparency in judicial administration. However, within the context of the Sharīʿah judiciary, its adoption raises ethical and jurisprudential concerns regarding the admissibility, authenticity, and moral legitimacy of AI-generated outcomes. Grounded in the Maqāṣid al-Sharīʿah—the higher objectives of Islamic law—this study examines how AI can be ethically integrated into the Sharīʿah judicial process without compromising the principles of justice (al-ʿadl), truth (al-ḥaqq), and public welfare (jalb al-maṣlaḥah). Employing a qualitative and doctrinal approach, the research analyses classical jurisprudential sources, contemporary scholarly discourse, and emerging technological practices related to digital evidence and judicial automation. The findings reveal that AI holds significant potential in three primary dimensions: as a supportive tool in the authentication and evaluation of evidence; as a facilitative mechanism in ijtihād qaḍāʾī (judicial reasoning); and as an administrative instrument ensuring procedural integrity through digital forensic verification. These applications are aligned with the objectives of ḥifẓ al-dīn, ḥifẓ al-ʿaql, and ḥifẓ al-māl, ensuring that technological innovation serves the preservation of ethical and legal order in Islamic adjudication. The study highlights the need for a comprehensive ethical and regulatory framework for AI governance in Sharīʿah courts and recommends additional empirical research to evaluate its judicial effectiveness.
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The Integration of Artificial Intelligence (AI) into the Shariʿah Judiciary.pdf
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