الأحكام القضائية لأداة الذكاء الاصطناعي (كلود) دراسة فقهية قضائية تأصيلية

Abstract:

The judiciary is among the most distinguished offices in Islamic law, given its role in safeguarding rights, resolving disputes, and ensuring justice. Advances in artificial intelligence and the emergence of sophisticated tools such as Claude have highlighted the need to clarify the Islamic legal rulings governing their use in judicial practice. This study examines the judicial rulings concerning Claude, introduces its features, and establishes the Islamic jurisprudential foundations for its use in adjudication, including the evidentiary weight of its outputs in establishing or refuting claims. It also explores the rulings governing its use in legal proceedings, witness testimony, the assessment of witnesses’ credibility, the retrieval of judicial precedents, and judicial documentation. The study adopts a descriptive-analytical approach, examining the relevant issues, Islamic legal texts, and juristic opinions, evaluating the supporting evidence, and determining the stronger opinions, with reference to the judicial laws of the Kingdom of Saudi Arabia.
The study reaches several key findings. Claude may not independently exercise judicial authority, nor may a legal claim be heard from it, as it lacks natural personhood, understanding, and awareness. Its outputs may, however, serve as circumstantial evidence to establish or refute claims when doing so enables rights to be restored to their rightful holders. The study also concludes that Claude may be used in providing testimony concerning the person against whom testimony is given, and that the information it supplies in assessing witnesses’ credibility may be accepted as a transmission of information, subject to the reliability of the underlying data. Furthermore, Claude may assist in retrieving judicial precedents, while the interpretation and assessment of the facts remain the responsibility of the judge.
The study offers several recommendations, notably giving greater attention to emerging technological issues and establishing their Islamic jurisprudential and judicial foundations, encouraging specialized research into artificial intelligence applications, organizing workshops within justice institutions and judicial bodies to promote the effective use of these tools, and submitting research findings to these institutions for review and evaluation.
Keywords: Artificial intelligence, Claude, judiciary, circumstantial evidence, witness testimony, judicial documentation.

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