International Journal of Islamic Educational Research
Vol. 3 No. 3 (2026): July: International Journal of Islamic Educational Research

Algorithmic Ijtihad and the Digital Dhimmah: Reconstructing Legal Agency in Islamic Law

Ahmet ALKAN (Universitas Adıyaman)



Article Info

Publish Date
31 Jul 2026

Abstract

With the advent of the Fourth Industrial Revolution, autonomous artificial intelligence (AI) systems have introduced a new legal reality that challenges the classical fiqh theory of dhimmah, which is grounded in the human attributes of reason, intention, and moral consciousness. This study aims to determine the ontological and functional status of AI systems within Islamic law and to propose a model of “constructive” or “digital dhimmah,” derived from the juristic method of istihsan, in order to address the emerging responsibility gap caused by autonomous actions. The research adopts a qualitative and normative-analytical methodology, surveying the relevant literature between 2010 and 2025 within a PRISMA-based framework, and examining the performance of AI models in Islamic inheritance calculations through selected case studies. The findings indicate that, ontologically, AI constitutes a form of techne, that is, an artificial artifact, yet functionally exhibits a limited appearance of a “quasi-agent.” Logical inconsistencies and hallucinated outputs observed in inheritance law tests demonstrate that AI lacks the capacity to comprehend revealed texts and to conduct genuine juristic reasoning. Accordingly, the study argues that AI should not be regarded as an independent mujtahid, but rather as a research assistant operating under human supervision. Ultimate moral and legal responsibility must, in all circumstances, revert to the human bearer of dhimmah, while technological governance should be regulated in accordance with the higher objectives of the law (maqāṣid), particularly the preservation of life, intellect, and property.

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Journal Info

Abbrev

IJIER

Publisher

Subject

Religion Humanities Education Social Sciences Other

Description

International Journal of Islamic Educational Research; This a journal intended for the publication of scientific articles published by Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia. The scope of studies that can be accepted in this journal are the results of research both conceptually ...