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Utilizing Artificial Intelligence in Issuing Fatwas
Author : Researcher AbdulRahman al-Sharif
Date Added : 26-04-2026

Utilizing Artificial Intelligence in Issuing Fatwas

 

Issuing a fatwa is among the most intricate and consequential functions in Sharia, as it involves the direct clarification of Allah’s rulings regarding the ever-evolving realities of people's lives.

With the acceleration of technological progress and the emergence of Artificial Intelligence (AI) as a tool capable of analyzing texts and accessing data, fundamental questions have surfaced regarding the impact of this technology on the role of the Mufti. These questions explore the extent to which this technology can be utilized in the process of formulating fatwas without compromising Sharia foundations or the methodology of Ijtihad (independent legal reasoning).

The importance of this topic is heightened within the Mufti’s specialization, as they are directly responsible for governing the relationship between sacred texts, contemporary reality, and emerging technological means.

I. AI and its Importance in Scientific and Jurisprudential Research:

Artificial Intelligence is a technical system based on data processing and pattern extraction, enabling software to perform specific cognitive tasks. These technologies are described as supporting tools that assist a researcher in gaining a comprehensive grasp of scholarly material.

Currently, these systems can process vast amounts of text in a remarkably short time, offering precise indexing, comparisons between texts and opinions, and the ability to track evidence within its primary sources. Furthermore, AI helps link specific legal issues to their precedents and parallels across various schools of thought (Madhahib). It also facilitates the retrieval of legal maxims (Qawa’id) and principles (Usul) relevant to the issue at hand, providing the researcher with a broader vision and a more organized methodology [1].

II. The Unique Nature of Fatwa [2]:

A fatwa is distinguished from other scholarly activities by being the application of a Sharia ruling to a specific reality, necessitating a deep consideration of differences in circumstances, individuals, and environments, as well as an evaluation of consequences (Ma’alat), public interests (Masalih), and potential harms (Mafasid).

For this reason, scholars have stipulated several conditions for a Mufti [3], including:

1. Legal capacity (Taklif) and being a Muslim.

2. Piety (Wara’) and being free from transgressions or behaviors that undermine personal integrity (Muru’ah).

3. Profound understanding of sacred texts and their evidences.

4. Soundness of mind.

5. Understanding of contemporary reality and custom (’Urf).

6. Proficiency in the objectives of Sharia (Maqasid) and the scales of legal preference (Tarjih).

7. The ability to bear the responsibility and consequences of the religious verdict.

These characteristics make the fatwa a deeply human and intellectual endeavor that cannot be reduced to an automated response. Consequently, any machine or software is excluded from the actual domain of "issuing" a fatwa. However, this does not preclude a Mufti from benefiting from AI.

III. Areas Where a Mufti Can Benefit from AI [4]:

A Mufti can employ AI in fields that serve their work without influencing the essence of the fatwa, such as:

1. Gathering jurisprudential opinions and tracking the positions of scholars rapidly.

2. Indexing Sharia evidences and linking them to specific issues.

3. Assisting in defining the point of contention (Tahrir Mahall al-Niza’) in recurring cases.

4. Archiving previous fatwas and analyzing general trends.

5. Supporting institutional work within Fatwa Houses and Fiqh Academies.

Ultimately, it serves as a tool to aid Ijtihad, not as the Ijtihad itself.

IV. Risks of Using AI in Fatwa Issuance [5]:

Among the most serious risks facing a person seeking religious guidance (Mustafti) when using AI are:

1. Relying on automated answers without scholarly verification.

2. The absence of verification regarding the Mufti’s qualifications.

3. Misunderstanding resulting from brevity or taking texts out of context.

4. Overlooking the specific condition of the questioner and the unique context of the fatwa.

5. Confusing a formal fatwa with general education or guidance.

6. The exploitation of AI to spread extremist fatwas and ideologies.

This places a double responsibility on the Mufti to correct public awareness and clarify the difference between fatwa of Sharia and a mere technical response.

V. The Sharia Ruling from the Mufti’s Specialized Perspective:

From a foundational standpoint:

• AI is not a "Sharia Mufti," and a fatwa cannot be attributed to it.

• Its use is commendable only if it is subject to the Mufti's direct supervision.

• Religious responsibility is entirely shouldered by the Mufti, not the tool.

Consequently, it is not permissible for a Mufti to delegate the process of issuing fatwas to a machine, nor to relay a ruling without understanding its context and impact.

VI. Professional Guidelines for the Mufti in Dealing with AI [6]:

A Mufti should adhere to several guidelines, most importantly:

1. AI must serve the process of Ijtihad, not generate it.

2. All outputs must undergo a critical and scholarly review.

3. Adherence to the approved jurisprudential methodology of the Mufti’s respective institution.

4. Avoid using it in major contemporary calamities (Nawazil) except to understand the data of the case.

5. Clarifying to the questioner that the fatwa is a product of human Ijtihad and that AI was merely a tool.

In conclusion, the role of Artificial Intelligence remains within the framework of an auxiliary tool, not a substitute for the qualification of Ijtihad. The deep understanding of texts, the verification of the legal basis (Tahqiq al-Manat), the application of rulings to specific incidents, and the consideration of Sharia objectives and realistic factors are tasks that can only be undertaken by a qualified jurist who combines grounded knowledge with precise insight into reality.

AI lacks an understanding of higher objectives (Maqasid) and value-based perception; it operates within the data it is fed without distinguishing between the outweighed (Marjuh) and the preponderant (Rajih) opinions. Therefore, it is not fit for Ijtihad or fatwa. The proper jurisprudential approach to AI should be functional and critical—it should neither be rejected absolutely nor relied upon entirely. And Allah the Almighty knows best.

 

[1] Dr. Yasser Ahmed Ahmed Al-Fiqi, The Impact of Using Artificial Intelligence on the Development of the Contemporary Juridical Mind.

Available at: https://mkwn.journals.ekb.eg/article_433907.html

[2] See: Muhammad Taqi Usmani, The Principles and Etiquettes of Fatwa Issuance (Usul al-Iftaa wa Adabuhu), p. 8 and onwards.

[3] See: Imam al-Nawawi, The Etiquettes of Fatwa, the Mufti, and the Questioner (Adab al-Fatwa wa al-Mufti wa al-Mustafti).

[4] See: Hanan Mohammed bin Hussein Jastaniah, The Sharia Perspective on Using Generative Artificial Intelligence in Deriving Rulings and Sharia Fatwas (2025); and Dr. Maryam Ahmed Ali Al-Kandari, The Ruling on Using AI Programs (ChatGPT) in Fatwa, Journal of Sharia Sciences, 2025.

[5] See: Osama Abdel Alim Al-Sheikh, Rationalizing Fatwa in Light of Digital Challenges.

[6] The General Secretariat for Fatwa Authorities Worldwide, The Charter of Fatwa in Light of Digital Transformation.

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Summarized Fatawaa

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

What is the age of the Aqiqa or the Udhiyah?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The minimum age for a sacrificial animal (Udhiyah) and the birth sacrifice (Aqiqa) is as follows:
 
Camels: Five years old, entering their sixth year.
 
Cattle and Goats: Two years old, entering their third year.
 
Sheep: One year old, entering their second year; however, it is permissible for a sheep to be six months old provided it is large in size and plump.
 
And Allah the Exalted knows best.

What is the ruling of Islamic Law on a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

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