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Artificial Intelligence and Islamic Legal Reasoning: Reconstructing Ethical Governance for Sharia Decision-Making Systems

Aug 2026 · JHIES: Jurnal Hukum Islam dan Ekonomi Syariah · Vol 2, pp. 137-152 · 0 citations · 36 references

TL;DR

A Shariah compliant AI governance framework that integrates maqasid al-shari’ah, AI governance, and ijtihad as mechanisms of epistemic control is proposed.

Abstract

The development of artificial intelligence (AI) has transformed decision making processes, including those within Islamic law based on ijtihad and maqasid al-shari’ah. However, the integration of AI introduces an epistemological tension between computational logic and normative legal reasoning, which requires moral and methodological justification. This study aims to analyze this tension and reconstruct an ethical governance framework for AI in Sharia based decision making systems. The research employs a qualitative normative conceptual approach based on Scopus indexed literature. The analysis is conducted using content analysis and thematic analysis to identify the relationship between AI governance, usul al-fiqh, and maqasid al-shari’ah. The findings indicate an epistemic discontinuity between AI and Islamic law, particularly the limitations of AI in understanding niyyah, maslahah, and ta’lil al-ahkam. The study also identifies a hybrid epistemic authority model that combines scholars as normative authorities and AI as an analytical tool. While this model enhances efficiency, it risks shifting epistemic authority if not properly governed under Sharia principles. This research proposes a Shariah compliant AI governance framework that integrates maqasid al-shari’ah, AI governance, and ijtihad as mechanisms of epistemic control. AI is positioned as a decision support system under the authority of Islamic scholars. The contribution of this study lies in the development of an Islamic based ethical AI framework and its implications for digital fatwa systems and Sharia AI governance.

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