Firdaus
|
Universitas Nahdlatul Ulama Sumatera Barat
Artificial intelligence (AI) has rapidly transformed the digital society by influencing decision-making, communication, education, healthcare, financial services, and legal practices. Although AI provides substantial opportunities for social and economic development, its increasing autonomy also raises ethical and legal questions concerning accountability, privacy, fairness, transparency, human dignity, and responsibility for harm caused by AI-assisted decisions. From an Islamic perspective, these challenges require an ethical framework that does not merely focus on technological efficiency but also considers moral responsibility, public interest, justice, and the objectives of Islamic law. This study aims to examine the relationship between artificial intelligence, Islamic ethics, and legal responsibility in the digital society through a library research approach. Relevant academic publications, books, Islamic legal literature, policy documents, and international ethical frameworks were critically examined and thematically synthesized. The findings indicate that AI should be positioned as a technological instrument whose development and utilization remain subject to human moral and legal responsibility. Islamic ethical principles, particularly justice, human dignity, trustworthiness, prevention of harm, public benefit, and accountability, provide a normative foundation for responsible AI governance. The analysis further indicates that the principles of maqāṣid al-sharīʿah can serve as a bridge between Islamic ethical values and contemporary AI governance by emphasizing the protection of religion, life, intellect, lineage, and property. Therefore, legal responsibility for AI-related harm should primarily be attributed to the human actors and institutions involved in designing, developing, deploying, and supervising AI systems rather than treating AI itself as an autonomous legal subject. The study proposes an integrated ethical-legal framework for AI governance based on human oversight, transparency, fairness, harm prevention, accountability, and maqāṣid-oriented governance.
Artificial Intelligence
Islamic Ethics
Legal Responsibility
Maqāṣid al-Sharīʿah
10
5
Firda Noer Zanah
|
Institut Darul Falah Bandung Barat
The rapid expansion of digital technologies has transformed personal data into a valuable resource for economic, social, governmental, and technological activities. The increasing collection, processing, storage, and exchange of personal information, however, has generated serious concerns regarding privacy, surveillance, unauthorized access, data misuse, discrimination, and individual autonomy. Personal data protection has therefore become not only a technological and legal issue but also an ethical and human rights concern. This study aims to examine personal data protection in the digital era from the perspectives of Islamic law and human rights through a qualitative library research approach. The study critically analyzes relevant academic literature, Islamic legal sources, contemporary legal frameworks, international human rights instruments, and scholarly discussions concerning privacy and data protection. The findings indicate that personal data protection is consistent with fundamental principles of Islamic law, particularly the protection of human dignity, privacy, property, and the prevention of harm. Islamic legal principles concerning the prohibition of spying, unauthorized disclosure of private information, intrusion into personal affairs, and unlawful appropriation provide a normative foundation for protecting personal data. Furthermore, the objectives of maqāṣid al-sharīʿah provide a comprehensive framework for evaluating digital data practices according to their benefits, risks, proportionality, and consequences for human welfare. From a human rights perspective, personal data protection is closely connected with the rights to privacy, dignity, autonomy, equality, and freedom from arbitrary interference. The study argues that Islamic law and human rights share substantial normative convergence while offering complementary foundations for digital privacy governance. The study proposes an integrated framework based on consent, purpose limitation, data minimization, confidentiality, security, transparency, accountability, and prevention of harm. Such a framework can contribute to the development of ethically grounded and human-centered personal data protection policies in the digital era.
Personal Data Protection
Islamic Law
Human Rights
0
0
Rifqi Rohmatulloh
|
UIN Sunan Gunung Djati Bandung
Religious diversity is an inherent characteristic of contemporary societies and constitutes both a social resource and a potential source of conflict. In pluralistic societies, religious differences may generate constructive social interaction when accompanied by tolerance, justice, mutual respect, and recognition of human dignity. Conversely, exclusivist attitudes, discrimination, intolerance, and religiously motivated violence may weaken social cohesion and undermine the development of a democratic civil society. This study aims to examine the relationship between religious moderation and the construction of civil society from Islamic legal and human rights perspectives through a qualitative library research approach. The study critically analyzes scholarly literature, Islamic legal sources, Qur'anic principles, maqāṣid al-sharīʿah, and human rights frameworks related to religious freedom, tolerance, equality, justice, and social coexistence. The findings indicate that religious moderation in Islam is grounded in principles of wasatiyyah, justice, balance, tolerance, mutual recognition, public benefit, and prevention of harm. These principles provide a normative foundation for constructing a civil society characterized by peaceful coexistence, social participation, equality, and respect for human dignity. From an Islamic legal perspective, religious moderation does not require abandoning religious identity but encourages the responsible expression of religious convictions within a pluralistic social order. The analysis also demonstrates significant convergence between Islamic legal principles and human rights values, particularly regarding human dignity, freedom of religion, equality, non-discrimination, and peaceful social participation. The study proposes an integrated framework in which religious moderation functions as a normative bridge between Islamic values and human rights in constructing a resilient and inclusive civil society. The study contributes conceptually by positioning religious moderation not merely as a strategy for preventing religious extremism but as an ethical and legal foundation for strengthening democratic citizenship and social cohesion.
Religious Moderation
Civil Society
Islamic Law
Human Rights
1
2
Musyafa Ali
|
Universitas Nahdlatul Ulama Purwokerto
The relationship between human rights and Islamic law remains an important and contested issue in contemporary legal and social discourse. While human rights are frequently presented as universal principles grounded in human dignity, equality, freedom, and justice, Islamic law is rooted in the Qur'an, Sunnah, Islamic jurisprudence, and the broader objectives of the Sharia. Differences in normative foundations have sometimes generated perceptions of incompatibility, particularly concerning religious freedom, gender equality, freedom of expression, family law, and the relationship between individual rights and collective responsibilities. This study aims to examine the relationship between human rights and Islamic law in contemporary society and to identify a conceptual framework for reconciling universal human rights principles with Islamic values. The study employs a qualitative library research approach by critically analyzing academic literature, Islamic legal sources, Qur'anic principles, classical and contemporary Islamic jurisprudence, and international human rights instruments. The findings indicate that significant normative convergence exists between Islamic law and human rights, particularly in the protection of human dignity, life, justice, property, family, intellectual capacity, and freedom from arbitrary harm. The study further demonstrates that maqāṣid al-sharīʿah provides an important interpretive framework for connecting Islamic legal principles with contemporary human rights discourse. Rather than assuming complete identity or fundamental incompatibility, the relationship should be understood through a model of principled convergence that recognizes both shared objectives and contextual differences. The study proposes an integrative framework based on human dignity, justice, maqāṣid al-sharīʿah, contextual interpretation, proportionality, public benefit, and prevention of harm. Such an approach can facilitate constructive engagement between Islamic law and human rights while preserving the normative integrity of Islamic values.
Human Rights
Islamic Law
Maqāṣid al-Sharīʿah
Human Dignity
2
1
Eko Prayetno
|
Universitas Islam Negeri Maulana Malik Ibrahim
The rapid development of digital technologies has transformed the ways in which Islamic knowledge, legal opinions, religious guidance, and social interactions are produced, accessed, disseminated, and evaluated. Digital platforms, artificial intelligence, social media, online fatwa services, Islamic financial technologies, and digital legal databases have expanded access to Islamic law while simultaneously generating new challenges concerning legal authority, methodological rigor, authenticity, privacy, accountability, and ethical responsibility. This study aims to examine the digital transformation of Islamic law by analyzing its major challenges, opportunities, and ethical implications in contemporary society. The study employs a qualitative library research approach based on a critical analysis of academic literature, classical and contemporary Islamic legal sources, scholarship on digital Islam, and literature concerning artificial intelligence, digital governance, and Islamic ethics. The findings indicate that digitalization has democratized access to Islamic legal knowledge, accelerated the dissemination of fatwas, expanded opportunities for ijtihad, and facilitated the development of new forms of Islamic legal services. At the same time, digital transformation has produced challenges involving the fragmentation of religious authority, the spread of inaccurate religious information, algorithmic mediation of religious knowledge, superficial interpretation of Islamic texts, privacy risks, commercialization, and uncertainty concerning digital evidence and accountability. The analysis further demonstrates that Islamic legal principles such as amanah, ʿilm, maslahah, maqāṣid al-sharīʿah, tabayyun, and dafʿ al-ḍarar provide important ethical foundations for governing digital Islamic legal practices. The study proposes an ethical framework based on authenticity, scholarly competence, transparency, accountability, human oversight, privacy protection, contextual interpretation, and public benefit. Digital transformation should therefore be understood not as a replacement of traditional Islamic legal authority but as a technological environment that requires methodological adaptation while preserving the epistemological and ethical foundations of Islamic law.
Digital Transformation
Islamic Law
Digital Islam
Fatwa
10
6