Challenges of Artificial Intelligence and the Foundations of Its Civil Liability in Jurisprudence

Authors

    Elahe Sadat Hosseini PhD Student, Department of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran
    Younes Vahedyarijan * Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran. Iran. vahedyarijanyounes@gmail.com
    Samaneh Yazdani Assistant Professor, Department of Artificial Intelligence, North Tehran Branch, Islamic Azad University, Tehran. Iran.
https://doi.org/10.61838/

Keywords:

Criminal liability, computer forgery, artificial intelligence, legal personality

Abstract

A thorough examination of the developments and the discovery of solutions to control, guide, and mitigate the risks associated with the advancement of artificial intelligence (AI) is of paramount importance. The purpose of the author's research is to propose appropriate strategies within the framework of Islamic legal science in this emerging field, aimed at establishing rules, standards, and regulations. This will help integrate new technologies in the AI domain while determining their legal and religious status and defining their usage within the future legal system. The results of this study suggest that granting legal personality to AI is both feasible and necessary. From a jurisprudential perspective, the development of AI is permissible, provided it does not violate privacy, encroach on personal domains, or allow robots or non-believers to dominate Muslims. In fact, it may be obligatory as a secondary matter. Moreover, in cases where AI commits a crime or causes damage, the possibility of holding it accountable and imposing penalties exists, either through direct involvement or causality, depending on the circumstances. The sources used in this research include jurisprudential sources, civil law, and articles and books related to AI law.

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Published

2024-12-31

Submitted

2024-11-16

Revised

2024-12-08

Accepted

2024-12-19

Issue

Section

مقالات

How to Cite

Challenges of Artificial Intelligence and the Foundations of Its Civil Liability in Jurisprudence. (2024). Comparative Studies in Jurisprudence, Law, and Politics, 6(5), 1-20. https://doi.org/10.61838/

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