|
|
|
|
ai robot judges and judicial decision-making: a comparative assessment in light of fiqh or islamic jurisprudence
|
|
|
|
|
|
|
|
نویسنده
|
masoudian mostafa ,kazemi alireza ,arabshirazi javad
|
|
منبع
|
classical and contemporary islamic studies - 2025 - دوره : 7 - شماره : 2 - صفحه:265 -275
|
|
چکیده
|
The advancement of information technology, artificial intelligence (ai) in particular, has profoundly influenced various aspects of human life. among these, the administration of justice—a matter of significant importance given the divine lawgiver (the legislator in islam)—has also been subject to technological transformation. ai-powered robot judges, capable of processing vast amounts of data with exceptional speed, accuracy, and efficiency, present a strategic advantage in judicial proceedings. however, a critical question arises: what are the fiqhi (jurisprudential) implications of delegating judgment and justice to humanoid robots? employing , this study examines the legal and doctrinal evidence surrounding the permissibility and prohibition of robot judges in islam. the research concludes that, given the explicit designation of the position of judgeship to human beings by the islamic legislator, along with the inherent incompatibility of robotic entities with the nuanced responsibilities of judicial authority, autonomous judgment by robot judges cannot be deemed legitimate. instead, such technology may serve as an auxiliary and complementary tool to enhance the efficiency, precision, and quality of judicial processes under the oversight of human judges. in fact, while it is widely acknowledged that independent decision-making by such systems lacks legitimacy, their non-independent use, as tools assisting human judges, is not only permissible but also advisable. however, integrating ai in a supportive role within the judiciary necessitates proper planning to enable its effective and ethical utilization.
|
|
کلیدواژه
|
ai ,divine lawgiver ,robot judges ,fiqh ,islam ,legitimacy
|
|
آدرس
|
shahed university, faculty of humanities, department of islamic jurisprudence and law, iran, qom seminary. qom, department of jurisprudence and law, iran, qom university, faculty of law, department of international law, iran
|
|
پست الکترونیکی
|
j.arabshirazi@stu.qom.ac.ir
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Authors
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|