مراعاة أحوال المستفتي بين العقل البشري والذكاء الاصطناعي في ضوء أحوال شبه القارة الهندية: دراسة مقارنة تحليلية

Considering the Circumstances of the Fatwa Seeker between Human Intellect and Artificial Intelligence: A Comparative Analysis in the Context of the Indian Subcontinent

Abstract

This article aims to highlight an important aspect of un-binding Islamic theory (fatwa), which has the potential to make mufti change the ruling regarding an issue accordingly, known as circumstances of the fatwa seeker, the mustafti. The corresponding circumstances of the fatwa seeker like age, health, sanity, place of living, customs and alike factors are always kept in mind at the time the fatwa has been passed, and being mufti unaware from these aspects make him loses his capacity to issue perfect fatwa. The importance increases in an era of artificial intelligence as people ask AI tools and seek fatwa from AI controlled tools and act upon accordingly. The question arises whether AI tool has the capability to single out the circumstances of the fatwa seeker and then issue opinion accordingly as the human being do. He has been given the capacity to connect events happened in the life of the fatwa seeker and generate the results, also he can single out the unseen aspects of the fatwa seeker which an AI tool cannot. This era has also introduced duplicate and artificial nature of voices, action and sayings which are impossible to be caught up by AI tools and hence guide fatwa seekers astray. On the other hand, in the subcontinent where multi-sect followers are the inhabitant and in such a tough atmosphere people do not seek fatwa from other than their own sect religious scholar. This article following comparative, analytical and inductive methods concludes that the human being has the capacity and potential to issue fatwa according to the circumstances of the fatwa seeker and the artificial intelligence can assist him but cannot replace the human being.