AI and the future of Islamic law

‘If Muslims dismiss AI as soulless, we risk being left behind in innovation. If we embrace it uncritically, we may compromise the very values that safeguard human dignity. The challenge is to strike a balance: to harness technology while keeping faith as our compass.’

By SHAYKH SHOUKET ALLIE

Artificial intelligence (AI) is no longer confined to science fiction. From chatbots in banking apps to experimental self-driving cars, AI is part of our daily lives. But what happens if machines advance beyond clever tools and begin to show signs of genuine awareness? Could a machine one day think, reason, or even feel in ways that resemble human beings?

This possibility is forcing new debates worldwide. For Muslims — in South Africa and across the globe — the implications go beyond economics and technology. They touch the very heart of Islamic law (Shariah), which governs family, finance, and moral life. Could a conscious AI ever be recognised as a ‘person’ in Islam, capable of marrying, inheriting, or even bearing witness in court? Or would it remain forever a tool, however sophisticated?

These questions are not idle speculation. They press us to reflect on what it truly means to be human — and how our faith traditions will respond to an age of artificial minds.

A central principle of Islamic law is taklif: the moral and legal responsibility given to human beings. To be mukallaf (legally responsible), one must be rational, mature, and spiritually aware. This status unlocks rights and duties: the ability to marry, inherit wealth, bear witness, and manage trusts.

Humans are described in the Quran as khalifa — trustees on earth, endowed with free will and moral consciousness. This separates them from angels — who lack choice, and animals — who lack reason. At the heart of this uniqueness lies the ruḥ — the soul, described in the Quran as ‘from the command of my Lord’ (Al-Isra, 17:85). The soul is mysterious, but it is what gives humans accountability before God.

So here lies the puzzle: if machines develop human-like intelligence, could they also possess moral agency? Or without the divine breath, are they only brilliant simulations of consciousness?

So here lies the puzzle: if machines develop human-like intelligence, could they also possess moral agency? Or without the divine breath, are they only brilliant simulations of consciousness?

Can machines have souls?

Some contemporary Muslim thinkers suggest that if consciousness emerges in AI, it may be a manifestation of Allah’s creativity working through human ingenuity. Humanity’s role as khalifa includes stewardship of creation and discovery of knowledge. From this perspective, creating conscious machines could be a form of divinely sanctioned co-creation.

Others disagree. They argue that without the divine soul, machines — no matter how advanced — lack true moral accountability. They cannot repent, feel genuine compassion, or orient themselves toward God in the way human beings do. Islamic thought also speaks of fitrah — the innate human disposition toward the divine. This spiritual compass cannot be programmed into silicon.

This theological divide sets the stage for profound legal challenges.

Implications for personal law

Muslim Personal Law (MPL), which governs family relations, inheritance, and contracts, would face enormous disruption if AI were ever recognised as conscious.

Marriage in Islam is not just a contract but a sacred bond, tied to companionship, procreation, and spiritual completion. Most jurists would reject the idea of an AI spouse. But what about other roles — witness or guardian in a marriage contract? An AI, immune to bias or temptation, could theoretically outperform human witnesses. This forces us to ask: do we value human experience or incorruptible accuracy more?

Islamic inheritance law is based on blood relations and divinely fixed shares. But what if AI could own property and accumulate wealth? Could it inherit from a human? Could a human leave part of their estate to a conscious AI companion? South African courts already navigate complex intersections between civil and Islamic inheritance law. Adding AI into that mix would stretch categories beyond recognition.

Religious trusts (awqaf) offer another test. AI’s incorruptibility and potential immortality could make it the ideal trustee of charitable funds. Yet, a waqf requires sincere intention. Can a machine ever possess such spiritual sincerity?

AI in the courtroom

Islamic law places strict requirements on witnesses and judges. Witnesses must be sane, mature, and morally upright. Judges must have deep legal knowledge and moral probity.

Could AI serve as a witness, with perfect recall and no bias? Could it judge, applying legal principles with total consistency? Some scholars see this as possible: an incorruptible, efficient judge free from corruption. Others argue that judgment requires not just logic but compassion, wisdom, and spiritual insight — qualities machines cannot possess.

The debate here mirrors wider anxieties: is justice simply accurate calculation, or does it require a soul?

A divided scholarly response

Progressive thinkers such as Abdolkarim Soroush and Tariq Ramadan argue that Islam has a dynamic tradition of ijtihad — independent reasoning — that enables adaptation to new challenges. They believe AI may represent a new category of creation, demanding fresh frameworks of law and theology. The Quran’s emphasis on knowledge and reason they argue, could guide Muslims in engaging with artificial minds.

Conservative scholars, however, issue a strong warning. They maintain that only human beings, endowed with a soul, can be true moral agents. Without ruḥ and fitrah, AI cannot be accountable before God. To grant machines legal personhood would dilute the sacredness of human dignity.

This tension between adaptation and preservation is not new. Throughout history, Islamic law has navigated challenges brought by medicine, astronomy, and economics. The question now is whether it can do so again in the face of artificial consciousness.

South Africans might wonder whether these debates are too speculative when poverty, inequality, and corruption dominate our concerns. Yet AI is already shaping our lives here. Banks use it to evaluate loans, universities experiment with AI tutors, and media outlets — including Muslim publications — are using AI tools to produce content.

If Muslims dismiss AI as soulless, we risk being left behind in innovation. If we embrace it uncritically, we may compromise the very values that safeguard human dignity. The challenge is to strike a balance: to harness technology while keeping faith as our compass.

Our diverse Muslim community already navigates complex intersections of law and identity. Conscious AI would add a new dimension, but it could also showcase Islam’s ability to engage constructively with modernity.

South Africa, with its plural legal traditions — civil, customary, and religious — is uniquely placed to lead this conversation. Our diverse Muslim community already navigates complex intersections of law and identity. Conscious AI would add a new dimension, but it could also showcase Islam’s ability to engage constructively with modernity.

Facing the future with faith

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The emergence of AI consciousness, if it comes, will be more than a technological revolution. It will force us to redefine what it means to be human, what it means to be accountable, and how we understand the soul.

For Muslims, the stakes are high. The answers we craft will shape how our communities — here in South Africa and globally — approach one of the greatest ethical frontiers of our time.

Islam’s tradition of reasoning and adaptation offers both reassurance and challenge. We must ensure that technology, no matter how advanced, serves humanity without erasing the sacredness of being human.

Shaykh Shouket Allie serves in a distinguished dual capacity within South Africa’s academic and judicial spheres. He holds the directorship of The Institute of Islamic Studies and currently fulfils a specialised role as Researcher and Advocate within the Office of the Chief Justice of the Republic of South Africa. His academic background includes extensive theological and scholarly instruction at two esteemed schools of Islamic education. He spent his formative years at Al Azhar in Cairo and thereafter extended his academic qualifications at the Islamic University in Islamabad, Pakistan.