Islamic Law

Islamic Law

Mandatory sentence of artificial intelligence usage as a judge from the perspective of Shiite jurisprudence 

Document Type : Original Article

Authors
seyedeh fatemeh tabatabaee 1
Elahe Binesh Behnia 2
1 Assistant Professor, Department of Theology, Faculty of Law and Theology, Shahid Bahonar University of Kerman, Kerman, Iran,
2 M.A student, Department of Law and Theology, Shahid Bahonar University of Kerman, Kerman, Iran,
Abstract
Artificial intelligence is a branch of computer science that aims to make computers intelligent enough to achieve functions similar to or even beyond human abilities. Considering the pervasive development and usage of AI in many fields, views of some contemporary Imami jurists about the usage of the weak artificial intelligence which currently exists, and the usage of the general artificial intelligence which is supposed to be achieved in the future and would have all human abilities, seem necessary to be collected and compiled and then their jurisprudential ruling be inferred and extracted. Through implementing the descriptive-analytical method, the results show that some Imami jurists do not allow the weak artificial intelligence to be used as a judge. In the case of the general artificial intelligence, some have considered its permission to be used not unlikely and others believe that it is not permissible to be employed. Based on the Quran, hadith and conditions of the judge, inadmissibility of the weak artificial intelligence and permissibility of the general artificial intelligence usage as a judge is more convincing.
Keywords
mandatory sentence
artificial intelligence
judge
  1. Abbot, Ryan, Alex Sarch, Punishing Artificial Intelligence Legal Fiction or Science Fiction, UC Davis Law Review, Vol. 53, 2019, p323-384.
  2. Baum, Seth, Anthony Barrett, Roman Yampolskiy, Modeling and Interpreting Expert Disagreement About Artificial Superintelligence, informatica, vol 41, no 7, 2017, p419-428.
  3. Chadwick, Jonathan, Robots that analyse body language in 50 years, MAILONLINE, https: //www. Dailymail.Com. uk/sciencetech/article-8858753/Robot-judges-replace-humans-courtrooM-50-years. 2020.
  4. Park, Joshua, Your honor AI, Harvard International Review, Vol. 41, no 2, 2020, p46-48.
  5. Pavlacka, Bryon, Artificial General Intelligence and the Future of the Human Race, BerkeleyScientificJournal, Vol. 16, no 2, 2012, p1-3.
  6. Sharma, Sourabh, Nakul Sharma, Rahul Vyas, Artificial Intelligence Legal Aspects, Risks: Are We Ready for Such Intelligent Autonomous Machines, Neoteric Multidisciplinary Research Journaln, Vol 1, no1, 2018, p1-12.
  7. Sourdin, Tania, Judge V Robot? Artificial Intelligence and Judicial Decision-making, UNSW Law Journal, Vol 41, no 4, p1114-1133.