Rulings of Artificial Intelligence in Digital Financial Transactions (A Jurisprudential Applied Study) https://doi.org/10.35781/1637-000-155-007

Abstract

Abstract
ABSTRACT : This study examines Sharīʿah rulings on artificial intelligence (AI) applications in contemporary financial transactions, focusing on legal capacity and agency, digital mu‘āṭāh, digital qabd, personal data financialization, and intelligent marketing. Using a descriptive, analytical, and comparative methodology, it maps classical fiqh principles and contemporary resolutions onto smart contracts, autonomous systems, and data-driven markets. The study characterizes AI as a procedural, dependent agent, operating within prior authorization, while liability remains with the human principal, and suggests limited functional legal personality via specialized guarantee funds. Personal data are treated as intangible financial rights owned by data subjects, with restricted exploitation rights for platforms. Digital mu‘āṭāh and digital qabd are affirmed subject to effective enabling, transparency, and finality. AI-based predictive and generative marketing is mainly classified as digital brokerage, constrained by rules on personalized pricing, information asymmetry, and behavioral exploitation. The study recommends codifying digital agency and capacity, AI guarantee schemes, data rights, and an ethical code for intelligent marketing. Keywords: Artificial Intelligence,Procedural Agency,Digital Possession,Personal Data, Intelligent Marketing.