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.