The Methodological Construction of Artificial Intelligence-Based Ijtihad in the Determination of Islamic Law: Perspectives of Uṣūl Al-Fiqh and Maqāṣid Al-Syarī‘Ah in the Digital Era

Abstract

The development of artificial intelligence (AI), particularly generative AI and large language models, has presented both opportunities and epistemological challenges in the determination of Islamic law. AI systems are capable of rapidly traversing literature, classifying texts, comparing jurisprudential (fiqh) opinions, and generating legal arguments; however, they lack the scholarly authority, moral consciousness, comprehensive contextual understanding, and syar‘i responsibility inherent to a human mujtahid. This study employs library research, analyzing relevant books, scientific journal articles, and academic publications concerning uṣūl al-fiqh, maqāṣid al-syarī‘ah, artificial intelligence, AI ethics, and digital legal reasoning. The findings indicate that the methodological construction of AI-based ijtihad is most appropriately positioned as AI-assisted ijtihad, rather than autonomous ijtihad. AI can effectively function during the stages of retrieving textual evidence (dalil), mapping jurisprudential opinions, analyzing linguistics, identifying argumentative patterns, and testing logical consistency. Conversely, the ultimate determination of law still necessitates an authoritative mujtahid or fatwa institution. The perspective of maqāṣid al-syarī‘ah serves as an evaluative layer to ensure that the utilization of AI preserves religion, life, intellect, lineage, wealth, human dignity, justice, and public interest (maslahah). In conclusion, the methodology for AI-based ijtihad must be constructed through a human-in-the-loop model, source verification, algorithmic auditing, transparency, and accountability. Its implementation should be directed toward an Islamic legal decision support system that assists scholars without supplanting human authority.