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:
- The Mufti (the scholar issuing the fatwa)
- The Mustafti (the one asking the fatwa)
- The Incident in Question
- 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:
- Sincere intention (otherwise, his speech lacks divine light)
- Patience, dignity, and composure
- Strength in knowledge and understanding
- Self-sufficiency (or people will exploit him)
- 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.
