PhD in Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Mazandaran, Mazandaran, Iran
10.22034/jml.2025.2068412.1502
Abstract
Artificial intelligence is a set of software and hardware technologies that are capable of automatically collecting, analyzing, and reasoning from data to perform tasks in the digital and physical domains without explicit guidance from a human operator. In line with this definition, various legal perspectives have emerged for the use and benefit of artificial intelligence. The present study aims to answer the question: is the purpose of using artificial intelligence to maximize welfare for the majority or to prioritize the recognition of intrinsic human values? And is there a possibility for a combined ethical standard that strives to achieve both goals? It has selected existing approaches and answered the above question using a descriptive and analytical method. One of the existing approaches is legal positivism; based on this approach, which focuses on the formal aspects of the law; the method of benefiting from artificial intelligence is to grant legal personality; and the purpose of this grant is not to turn it into a "human being", but to ensure that the legal system is in harmony with social development; one of the perspectives raised against the aforementioned perspective is the jurisprudential perspective. Jurisprudential perspectives on artificial intelligence include four approaches: welfare-oriented, consequentialist, normative, and truth-oriented; according to the first perspective, the ultimate goal of divine order is the benefit of humanity (known as expediency); the second perspective requires a clear definition and consensus on an intrinsic value for its full validity; in the third approach, expediency as mere benefit or public welfare requires oversimplification in Islamic jurisprudence; in the truth-oriented perspective, all sciences can be beneficial sciences if they are based on the principles of monotheism and in line with meeting the legitimate needs of humanity, and this is what can be well manifested in the modern Islamic civilization;
Hormozi,J. (2025). A Comparative Study of the Legal Framework of Artificial Intelligence
From the Perspective of Legal Positivism and Islamic Jurisprudence. (e728660). Modern Jurisprudence and Law, (), e728660 doi: 10.22034/jml.2025.2068412.1502
MLA
Hormozi,J. . "A Comparative Study of the Legal Framework of Artificial Intelligence
From the Perspective of Legal Positivism and Islamic Jurisprudence" .e728660 , Modern Jurisprudence and Law, , , 2025, e728660. doi: 10.22034/jml.2025.2068412.1502
HARVARD
Hormozi J. (2025). 'A Comparative Study of the Legal Framework of Artificial Intelligence
From the Perspective of Legal Positivism and Islamic Jurisprudence', Modern Jurisprudence and Law, (), e728660. doi: 10.22034/jml.2025.2068412.1502
CHICAGO
J. Hormozi, "A Comparative Study of the Legal Framework of Artificial Intelligence
From the Perspective of Legal Positivism and Islamic Jurisprudence," Modern Jurisprudence and Law, (2025): e728660, doi: 10.22034/jml.2025.2068412.1502
VANCOUVER
Hormozi J. A Comparative Study of the Legal Framework of Artificial Intelligence
From the Perspective of Legal Positivism and Islamic Jurisprudence. Modern Jurisprudence and Law, 2025; (): e728660. doi: 10.22034/jml.2025.2068412.1502