الذكاء الاصطناعي والنوازل المعاصرة الترجيح نموذجًا عند المحدثين والأصوليين

Abstract (English)

Life has rapidly evolved scientifically and technologically, and artificial intelligence (AI) technologies have emerged and become influential in various aspects of life, from medicine to education, engineering, media, and even Sharia matters. Contemporary issues have emerged that lack explicit Sharia texts, requiring juristic reasoning and the application of judgment and the preponderance of fatwas. The method of preponderance conflicting opinions has been adopted by hadith scholars and legal theorists, based on established rules and established evidence that take into account the objectives and principles of Islamic law. Can we benefit from AI in the preponderance process while maintaining the scientific approach of hadith scholars and legal theorists? What are the risks involved? Herein lies the importance of this research, as it keeps pace with contemporary developments in the possibility of leveraging AI in ruling on emerging issues. I followed the inductive approach, where I followed the rules of preponderance among the hadith scholars and compared them with the principles of jurisprudence. I used the applied experimental approach when I presented the issue - DNA testing - and demonstrated the work of the hadith scholar and the work of the legal theorist in it, and the comparative approach by asking artificial intelligence at each stage of the research to compare it with the work of the hadith scholars and legal theorists. I also compared the work of ChatGPT with the work of Gemini. The results showed that hadith scholars and legal theorists can benefit from the capabilities of artificial intelligence due to the vast amounts of information and data it is fed, and the ability of computer programs to classify and sort this data at high speed, especially in the process of tracing hadiths, biographical evaluation of narrators, and comparing chains of transmission—a laborious and time-consuming task for researchers. Legal theorists also benefit from AI's capabilities in gathering and analyzing evidence, compiling relevant previous legal opinions, and other areas. However, in the process of weighing evidence, we see that AI presents the various opinions on a given issue along with their supporting arguments and evidence, sometimes even stating the reason for its preference. Yet, the AI itself acknowledges its inability to issue a definitive ruling or make a definitive judgment, considering it a human endeavor, as AI cannot fully comprehend the objectives of Islamic law, no matter how much data it is provided. The research concludes that it is necessary to establish guidelines for the use of artificial intelligence, particularly in issuing legal opinions. These guidelines include: not accepting any AI-generated result unless it is properly documented, and not issuing any legal opinion without prior review by a qualified and trustworthy scholar. It also recommends that artificial intelligence be under the supervision of official bodies that protect user privacy and data, which can be consulted in case of any error.