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Artificial Intelligence: An Assistant or a Mufti?
Author : Dr. Mufti Sa`eid Farhan
Date Added : 21-07-2025

Artificial Intelligence: An Assistant or a Mufti?

 

All praise is to Allah, who exalts whom He wills and abases whom He wills. Peace and blessings be upon the one who came with guidance, upon his pious family and companions, and upon those who follow his path until the Day of Judgment.

Among Allah’s mercies to creation is that He made the divine law He ordained for mankind suitable and guiding for every time and place. Islamic law necessitates the existence of scholars—the people of knowledge—to issue fatwas (religious rulings) and clarify the rulings of people’s dealings in all aspects of life. Allah says {what means}: "And We sent not before you except men to whom We revealed [Our message]. So ask the people of knowledge if you do not know." [An-Nahl/43]

As a result of progress, development, and astounding scientific leaps, humanity has reached what is now known as artificial intelligence (AI). The best definition of AI is that of Philip Janssen, who defined it as: "The science and engineering of machines with capabilities considered intelligent by human intelligence standards." [1]

Humans have reached a stage where machines serve them in all aspects of life—even in matters specific to religion and worship. This advancement has extended to the point where AI is being used to issue fatwas and provide religious guidance, effectively replacing human scholars in some cases.

The AI revolution has entered nearly every field—education, medicine, sports, commerce, and even religion. We now witness massive strides in AI applications, including its use in issuing Islamic legal rulings (fatwas).

Before discussing the ruling on using AI for fatwas, we must clarify the reality of fatwa-giving. Issuing a fatwa is not merely judging an action or incident; it is broader than that and consists of four pillars:

  1. The Mufti (the scholar issuing the fatwa)
  2. The Mustafti (the one asking the fatwa)
  3. The Incident in Question
  4. The Ruling

Each of these has specific conditions and aspects. Sometimes, the first three pillars exist, but the ruling does not—either because the issue requires further research or because the mufti refrains from answering for a valid reason. This is something no machine, no matter how advanced, can assess.

The Use of AI in Fatwas is of Two Types:

First: Using AI as a tool for the mufti, such as in drafting fatwas, researching juristic opinions from different schools of thought, or finding similar cases. This is akin to a mufti referencing books and specialized sources. This use is permissible and even beneficial, as it assists the mufti in research—provided it does not replace his direct engagement with primary sources.

Second: Using AI as a replacement for the mufti, entirely removing the human scholar and substituting him with a machine. This is where disagreement arises—between those who permit it and those who forbid it.

To resolve this disagreement, we must review the conditions of a mufti. Without delving into the arguments of those who permit or prohibit AI fatwas, the key issue is highlighting the obstacles preventing AI from validly issuing fatwas, derived from the conditions scholars have established for a mufti.

Obstacles Preventing AI from Issuing Fatwas:

1. A Foundational Obstacle (Usooli)
Scholars unanimously agree that the first condition for a mufti is that he must be:

  • A legally accountable (mukallaf) Muslim
  • Trustworthy (thiqqah)
  • Free from immorality and dishonorable traits
  • Sound in reasoning, precise in deduction, and alert

As Imam An-Nawawi stated:
"The mufti must be a legally accountable Muslim, trustworthy, safeguarded from sinful behavior and moral failings, intellectually competent, sound in mind, firm in thought, correct in reasoning and deduction, and vigilant." [2]

AI does not meet these conditions—it is not accountable (mukallaf), nor is it even a living being.

2. A Jurisprudential Obstacle (Ijtihadi)
Custom (urf) is a critical factor in fatwas. Sometimes, custom is the deciding factor between two equally valid opinions. Understanding people’s psychology, social habits, and societal norms is essential—something AI cannot grasp.

Imam Ahmad ibn Hanbal said:
*"A man should not appoint himself for fatwa-giving unless he has five qualities:

  1. Sincere intention (otherwise, his speech lacks divine light)
  2. Patience, dignity, and composure
  3. Strength in knowledge and understanding
  4. Self-sufficiency (or people will exploit him)
  5. Knowledge of people (their customs and conditions)"* [3]

How can a machine, no matter how data-filled, comprehend this?

3. A Spiritual Obstruction (Sulooki)
There is a fundamental difference between a machine and its creator—the Muslim scholar who fears Allah and seeks divine aid.

Imam Ash-Shatibi said:
"Knowledge was first in the hearts of men, then transferred to books—but the keys to it remain in the hands of scholars. A true scholar must know the foundations of his field, articulate its meanings, and understand its implications." [4]

He also emphasized:
"Books alone do not benefit a student without the guidance of scholars—this is an observable reality." [5]

A mufti connected to Allah, conscious of Him, undoubtedly receives divine support and openings (futuhat) in his rulings.

Imam Ash-Shams Ar-Ramli said:
*"Allah says {what means}: "And fear Allah, and Allah will teach you." (Al-Baqarah/282). It has been said: ‘No servant succeeds except by Allah’s grant.’ When this is rare, Allah mentions it only once in the Qur’an: "And my success is not but through Allah." (Hud/88). If you understand and act, Allah promises that whoever fears Him, He will grant light to his heart to comprehend and discern truth from falsehood: "O believers, if you fear Allah, He will grant you a criterion." (Al-Anfal/29). Thus, through taqwa (God-consciousness), knowledge increases."* [6]

How can such divine inspiration descend upon a lifeless machine?

Additional Considerations:

  • The duty of da’wah (calling to Islam) and personal advice from a mufti to the questioner plays a crucial role in the latter’s adherence and behavior—something AI cannot replicate.
  • Practical experiments have shown AI’s failure in correctly answering religious questions, especially in high-stakes rulings like divorce, where error is unacceptable.

We ask Allah, the Most High, to guide us to truth and correctness. Our final prayer is all praise is due to Allah, Lord of the worlds.

References:
[1] Mark Coeckelbergh, AI Ethics, trans. Hiba Abdulaziz Ghannam, p. 51.
[2] An-Nawawi, Adab al-Fatwa wal-Mufti wal-Mustafti, p. 19.
[3] Abu Ya’la, Al-‘Uddah fi Usul al-Fiqh, Vol. 5, p. 1599.
[4] Ash-Shatibi, Al-Muwafaqat, Vol. 1, p. 140.
[5] Ibid., Vol. 1, p. 148.
[6] Ash-Shams Ar-Ramli, Ghayat al-Bayan Sharh Zubd Ibn Raslan, p. 4.

 

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Summarized Fatawaa

I work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]
Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.
If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty knows best.

If a woman becomes pure from menstruation shortly after Fajr in Ramadan, what is required of her?

If a woman becomes pure (from menstrual period) after Fajr, even shortly after, it is recommended (but not obligatory) for her to refrain from eating and drinking for the rest of the day. However, she must make up for that day after Ramadan.
She will be rewarded for both refraining from eating (imsak) and making up the fast (qada) since she was menstruating for part of the day.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

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