محل النية في التوزيع الخوارزمي للزكاة دراسة فقهية في تكييف الذكاء الاصطناعي بين الآلة والوكالة د. نادية بنت هاشم بن عابد اللحياني

Abstract This study determines the legally recognized locus of intention (niyyah) in the algorithmic distribution of zakat funds, and on that basis examines the juristic characterization (takyīf fiqhī) of artificial intelligence systems between pure instrument and instrument of agency, adopting the conditions of intention (niyyah) and legal capacity (taklīf) as the criterion for evaluating the forms of such employment. It proceeds from the problem that Islamic law requires, for the validity of zakat, a deliberate intention issuing from a legally competent person, whereas algorithmic systems possess neither legal capacity nor volitional intent. The study adopts the inductive method in tracing the texts of the four Sunni schools on intention, capacity, and agency (wakālah), and the critical-analytical method in applying these principles to contemporary technical practice. It divides the performance of zakat into three distinct stages — computation, segregation and designation, and delivery — and establishes that the legally recognized locus of intention is the stage of segregation alone. Accordingly, it characterizes artificial intelligence as a pure instrument or an instrument of agency, rather than an agent independently possessed of intent. The study concludes that partial employment is legally sufficient when governed by explicit intention, a defined scope, and reviewability, whereas fully autonomous and open-ended employment is not, owing to the absence of intention in its proper locus. This framework is then tested against four applied models drawn from contemporary zakat institutions, and Sharia controls suitable for incorporation into institutional regulations are formulated accordingly. Keywords: Artificial Intelligence, Zakat, Locus of Intention (Niyyah), Legal Capacity (Taklīf), Agency (Wakālah), Contemporary Financial Jurisprudence, Digital Transformation.  

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