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Artificial Intelligence: An Assistant or a Mufti?
Author : Dr. Mufti Sa`eid Farhan
Date Added : 21-07-2025

Artificial Intelligence: An Assistant or a Mufti?

 

All praise is to Allah, who exalts whom He wills and abases whom He wills. Peace and blessings be upon the one who came with guidance, upon his pious family and companions, and upon those who follow his path until the Day of Judgment.

Among Allah’s mercies to creation is that He made the divine law He ordained for mankind suitable and guiding for every time and place. Islamic law necessitates the existence of scholars—the people of knowledge—to issue fatwas (religious rulings) and clarify the rulings of people’s dealings in all aspects of life. Allah says {what means}: "And We sent not before you except men to whom We revealed [Our message]. So ask the people of knowledge if you do not know." [An-Nahl/43]

As a result of progress, development, and astounding scientific leaps, humanity has reached what is now known as artificial intelligence (AI). The best definition of AI is that of Philip Janssen, who defined it as: "The science and engineering of machines with capabilities considered intelligent by human intelligence standards." [1]

Humans have reached a stage where machines serve them in all aspects of life—even in matters specific to religion and worship. This advancement has extended to the point where AI is being used to issue fatwas and provide religious guidance, effectively replacing human scholars in some cases.

The AI revolution has entered nearly every field—education, medicine, sports, commerce, and even religion. We now witness massive strides in AI applications, including its use in issuing Islamic legal rulings (fatwas).

Before discussing the ruling on using AI for fatwas, we must clarify the reality of fatwa-giving. Issuing a fatwa is not merely judging an action or incident; it is broader than that and consists of four pillars:

  1. The Mufti (the scholar issuing the fatwa)
  2. The Mustafti (the one asking the fatwa)
  3. The Incident in Question
  4. The Ruling

Each of these has specific conditions and aspects. Sometimes, the first three pillars exist, but the ruling does not—either because the issue requires further research or because the mufti refrains from answering for a valid reason. This is something no machine, no matter how advanced, can assess.

The Use of AI in Fatwas is of Two Types:

First: Using AI as a tool for the mufti, such as in drafting fatwas, researching juristic opinions from different schools of thought, or finding similar cases. This is akin to a mufti referencing books and specialized sources. This use is permissible and even beneficial, as it assists the mufti in research—provided it does not replace his direct engagement with primary sources.

Second: Using AI as a replacement for the mufti, entirely removing the human scholar and substituting him with a machine. This is where disagreement arises—between those who permit it and those who forbid it.

To resolve this disagreement, we must review the conditions of a mufti. Without delving into the arguments of those who permit or prohibit AI fatwas, the key issue is highlighting the obstacles preventing AI from validly issuing fatwas, derived from the conditions scholars have established for a mufti.

Obstacles Preventing AI from Issuing Fatwas:

1. A Foundational Obstacle (Usooli)
Scholars unanimously agree that the first condition for a mufti is that he must be:

  • A legally accountable (mukallaf) Muslim
  • Trustworthy (thiqqah)
  • Free from immorality and dishonorable traits
  • Sound in reasoning, precise in deduction, and alert

As Imam An-Nawawi stated:
"The mufti must be a legally accountable Muslim, trustworthy, safeguarded from sinful behavior and moral failings, intellectually competent, sound in mind, firm in thought, correct in reasoning and deduction, and vigilant." [2]

AI does not meet these conditions—it is not accountable (mukallaf), nor is it even a living being.

2. A Jurisprudential Obstacle (Ijtihadi)
Custom (urf) is a critical factor in fatwas. Sometimes, custom is the deciding factor between two equally valid opinions. Understanding people’s psychology, social habits, and societal norms is essential—something AI cannot grasp.

Imam Ahmad ibn Hanbal said:
*"A man should not appoint himself for fatwa-giving unless he has five qualities:

  1. Sincere intention (otherwise, his speech lacks divine light)
  2. Patience, dignity, and composure
  3. Strength in knowledge and understanding
  4. Self-sufficiency (or people will exploit him)
  5. Knowledge of people (their customs and conditions)"* [3]

How can a machine, no matter how data-filled, comprehend this?

3. A Spiritual Obstruction (Sulooki)
There is a fundamental difference between a machine and its creator—the Muslim scholar who fears Allah and seeks divine aid.

Imam Ash-Shatibi said:
"Knowledge was first in the hearts of men, then transferred to books—but the keys to it remain in the hands of scholars. A true scholar must know the foundations of his field, articulate its meanings, and understand its implications." [4]

He also emphasized:
"Books alone do not benefit a student without the guidance of scholars—this is an observable reality." [5]

A mufti connected to Allah, conscious of Him, undoubtedly receives divine support and openings (futuhat) in his rulings.

Imam Ash-Shams Ar-Ramli said:
*"Allah says {what means}: "And fear Allah, and Allah will teach you." (Al-Baqarah/282). It has been said: ‘No servant succeeds except by Allah’s grant.’ When this is rare, Allah mentions it only once in the Qur’an: "And my success is not but through Allah." (Hud/88). If you understand and act, Allah promises that whoever fears Him, He will grant light to his heart to comprehend and discern truth from falsehood: "O believers, if you fear Allah, He will grant you a criterion." (Al-Anfal/29). Thus, through taqwa (God-consciousness), knowledge increases."* [6]

How can such divine inspiration descend upon a lifeless machine?

Additional Considerations:

  • The duty of da’wah (calling to Islam) and personal advice from a mufti to the questioner plays a crucial role in the latter’s adherence and behavior—something AI cannot replicate.
  • Practical experiments have shown AI’s failure in correctly answering religious questions, especially in high-stakes rulings like divorce, where error is unacceptable.

We ask Allah, the Most High, to guide us to truth and correctness. Our final prayer is all praise is due to Allah, Lord of the worlds.

References:
[1] Mark Coeckelbergh, AI Ethics, trans. Hiba Abdulaziz Ghannam, p. 51.
[2] An-Nawawi, Adab al-Fatwa wal-Mufti wal-Mustafti, p. 19.
[3] Abu Ya’la, Al-‘Uddah fi Usul al-Fiqh, Vol. 5, p. 1599.
[4] Ash-Shatibi, Al-Muwafaqat, Vol. 1, p. 140.
[5] Ibid., Vol. 1, p. 148.
[6] Ash-Shams Ar-Ramli, Ghayat al-Bayan Sharh Zubd Ibn Raslan, p. 4.

 

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Summarized Fatawaa

A pregnant woman has iron deficiency. When she showers, she becomes very tired and feels cold. What is the ruling on tayammum in this situation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
One should not resort to tayammum (dry ablution) as a substitute for the obligatory ghusl (ritual bathing) so long as it remains possible to use water — for example, by heating the water, warming the place where the bathing takes place, or taking other similar precautions. However, if such measures prove ineffective, or are simply not possible to carry out, and performing ghusl [with cold water] would result in severe harm, then tayammum becomes permissible in that case, due to genuine inability to use water on account of the harm that would result, as described in the question. That said, she must make up (qaḍā') the prayers she performed using this tayammum.
It is stated in Bushrā al-Karīm: "One should not perform tayammum on account of cold unless warming the limbs fails to remove the aforementioned harm, and no means are available to heat the water — such as a vessel, firewood, or fire — and one fears [that using cold water would result in] any of the harms mentioned earlier in the discussion on illness: danger to life, loss of function in a limb, the onset or worsening of an illness, delayed recovery, or the [visible bodily] blemish mentioned in that discussion on illness. In such a case, tayammum becomes permissible due to the harm involved, but the prayer must still be made up afterward (qaḍā'). If, however, warming the body proves effective, or the means to heat the water are available, or none of the aforementioned harms are feared — then tayammum is not permissible, even if using the water causes some degree of discomfort or pain, since mere discomfort alone does not permit resorting to tayammum." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

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