Artificial Intelligence and the Adaptation of Electronic Contracts in Islamic Jurisprudence 10.35781/1637-000-150-004

Abstract

This study examines the jurisprudential (fiqh-based) characterization of electronic contracts concluded through artificial intelligence technologies in light of the principles of Islamic jurisprudence, against the backdrop of rapid digital transformations that have reshaped contemporary contracting practices. The paper begins by analyzing the nature of electronic and smart contracts and highlighting their distinctions from traditional contracts, with particular emphasis on the extent to which the essential pillars of a valid contract—namely consent, offer, and acceptance—are fulfilled within a digital environment reliant on technological interfaces and automated systems. It further addresses the role of artificial intelligence in the conclusion and execution of contracts by framing it, from a fiqh perspective, as a technical instrument or delegated agent that reflects prior human intent, without possessing independent legal or moral capacity. The study concludes that electronic contracts, including smart contracts, fall in principle within the scope of permissible contracts under Islamic jurisprudence, provided that their essential pillars and legally recognized conditions are satisfied. It demonstrates that the mode of expressing intent, even when mediated by digital or automated means, does not affect contractual validity so long as genuine mutual consent is established and free from coercion or excessive uncertainty (gharar). The paper also highlights that the automated execution of contracts raises significant jurisprudential challenges relating to liability, reversibility, and the treatment of technical errors, thereby necessitating the development of precise fiqh-based and regulatory frameworks that balance technological innovation with the higher objectives of Islamic law (maqāṣid al-sharīʿa), particularly the protection of property and the realization of contractual justice. Keywords: Artificial Intelligence – Electronic Contracts – Smart Contracts – Jurisprudential Characterization (Fiqh Adaptation) – Consent – Acceptance – Offer