The Rule of Harm and Its Applications to AI Crimes

Abstract

This study examines the jurisprudential adaptation of Artificial Intelligence (AI) crimes through the lens of the Islamic legal maxim: "Harm shall neither be inflicted nor reciprocated" (La Darar wa la Dirar). The importance of this research lies in demonstrating the flexibility of Sharia in regulating technological advancements and defining civil and criminal liability for smart systems. The research problem addresses the legislative gap created by "atypical" digital crimes and the complexity of identifying liability within autonomous algorithmic environments. Utilizing a descriptive-analytical approach, the study reached several key results; most notably, that this legal maxim serves as a comprehensive framework for all forms of technological infringement. It establishes that liability and indemnity remain the responsibility of the human agent (whether developer or user) in cases of negligence or transgression, asserting that the legitimacy of any technology is contingent upon its alignment with human nature (Fitra) and higher Sharia objectives. The study recommends the formulation of an Islamic ethical charter for AI, the codification of cybersecurity as a preemptive Sharia obligation to prevent harm, and the protection of intellectual property rights against digital piracy and fraud.