Algorithmic Ijtihad and the Digital Dhimmah: Reconstructing Legal Agency in Islamic Law

Abstract

With the advent of the Fourth Industrial Revolution, autonomous artificial intelligence (AI) systems have introduced a new legal reality that challenges the classical fiqh theory of dhimmah, which is grounded in the human attributes of reason, intention, and moral consciousness. This study aims to determine the ontological and functional status of AI systems within Islamic law and to propose a model of “constructive” or “digital dhimmah,” derived from the juristic method of istihsan, in order to address the emerging responsibility gap caused by autonomous actions. The research adopts a qualitative and normative-analytical methodology, surveying the relevant literature between 2010 and 2025 within a PRISMA-based framework, and examining the performance of AI models in Islamic inheritance calculations through selected case studies. The findings indicate that, ontologically, AI constitutes a form of techne, that is, an artificial artifact, yet functionally exhibits a limited appearance of a “quasi-agent.” Logical inconsistencies and hallucinated outputs observed in inheritance law tests demonstrate that AI lacks the capacity to comprehend revealed texts and to conduct genuine juristic reasoning. Accordingly, the study argues that AI should not be regarded as an independent mujtahid, but rather as a research assistant operating under human supervision. Ultimate moral and legal responsibility must, in all circumstances, revert to the human bearer of dhimmah, while technological governance should be regulated in accordance with the higher objectives of the law (maqāṣid), particularly the preservation of life, intellect, and property.