Islamic Jurisprudence’s Position on Guaranteeing Damages Resulting from the Use of Artificial Intelligence in Medical Fields
摘要
This paper examines the Islamic jurisprudential position of damages caused using artificial intelligence in the medical field, a crucial aspect largely omitted by the current legal framework. Identifying the revolutionary effect of AI on the healthcare system, the paper argues for urgency for the incorporation of Islamic jurisprudential fundamentals with current technological innovations relative to one is accountable for medical mistakes. A qualitative approach case law, legislation, and current literature to fulfil main goals: the examination of medical robots and, the review of the jurisprudential and general law relating to the medical use of an artificial intelligence, and to establish who is accountable for medical mistakes associated with artificial intelligence. The analysis is based on existing case studies and legal structures. The results indicated that current traditional laws do not address the challenges associated with AIs learning effect in the health sector. While statistically, a study showed an improvement of 30% accuracy in diagnostic errors using the AI-based approach rather than traditional methods. Still, it can be challenging to ensure that the liability is addressed effectively. This solution offers a legal framework to address such gaps. Combining both approaches is paramount for ensuring AI-based technology’s successful implementation in healthcare without compromising consumers’ safety.