<![CDATA[The increasing use of artificial intelligence (AI) in cybercrime creates complex legal challenges concerning criminal intent, causation, human accountability, and digital evidence. These challenges require a legal framework that accommodates technological developments while maintaining normative and procedural safeguards. This study examines the construction of criminal liability for AI-driven cybercrime under contemporary Islamic criminal law, compares the regulatory frameworks of Indonesia and Oman, and develops an integrated legal-policy model. Employing a qualitative normative legal method, the study combines conceptual and functional-comparative approaches, drawing on legislation, legal doctrines, policy documents, and classical Islamic legal sources. The findings demonstrate that AI cannot independently bear criminal responsibility because it does not fulfil the requirements of taklif, ahliyyah, and morally attributable iradah. Liability should therefore be distributed among human actors and organizations according to their control, knowledge, causal contribution, and breach of legal duties. The comparison reveals that Indonesia primarily relies on technology-neutral cybercrime regulations, whereas Oman explicitly incorporates AI systems and digital evidence into its 2026 Cybercrime Law. Nevertheless, both jurisdictions face challenges in operationalizing accountability and effective governance. Accordingly, this study proposes a five-construct model integrating differentiated criminal liability, institutional governance, AI-sensitive digital evidence, maqasid-based risk regulation, and international legal cooperation. The model contributes to contemporary Islamic criminal law by offering an adaptive policy framework grounded in maqasid al-shariah and consistent with legality, due process, and proportionality.]]>
Copyrights © 2026
