Jurisprudential Challenges of Utilizing Artificial Intelligence in the Protection of Fundamental Human Rights

Abstract

With the rapid expansion of modern technologies, particularly artificial intelligence (AI), this technology has pervasively penetrated various dimensions of human life. However, one of the fundamental challenges in exploiting this technology concerns its impact on individuals’ fundamental rights. There is a growing concern that the unregulated use of AI may lead to the weakening or alteration of basic human rights principles. Accordingly, the question arises as to whether AI, alongside its numerous advantages, can be developed in a manner consistent with legal and jurisprudential principles. One of the most significant domains where this technology becomes entangled is Islamic jurisprudence (fiqh). The potential conflicts between the application of AI and jurisprudential principles constitute one of the primary concerns of Islamic scholars. Nevertheless, by relying on the capacities of dynamic jurisprudence and general jurisprudential rules, it is possible to provide religiously legitimate solutions for the use of AI in various legal contexts. Despite this, the absence of explicit and definitive jurisprudential responses regarding the legitimacy of employing this technology in individuals’ daily interactions remains a serious challenge. This study, through a descriptive–analytical approach, examines the different dimensions of this challenge and seeks to demonstrate that AI, if properly guided, can serve not only to strengthen both Islamic and conventional human rights but also to promote international peace and uphold citizenship rights.