نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The expansion of artificial intelligence (AI) systems and their growing involvement in decision-making, production, service delivery, and economic interactions have generated novel challenges for civil liability and the protection of individual rights. Features such as technical complexity, adaptive learning, and the relative autonomy of intelligent systems complicate the identification of harm and the attribution of liability, raising the question of whether existing jurisprudential and legal foundations can adequately respond to these developments. Employing a descriptive-analytical method and drawing on Islamic jurisprudential sources, legal scholarship, and studies on AI liability, this research examines the capacity of the principles of no harm (la darar), direct destruction (itlaf), causation (tasbib), and liability (daman) to address damage caused by intelligent systems. The findings indicate that these jurisprudential principles, together with fault-based civil liability, can accommodate AI-related harms, provided that attribution standards are reconsidered in light of risk foreseeability, controllability, data quality, system design and development, human oversight, and the role of each actor involved. From a human rights perspective, the protection of human dignity, the right to security, and the right to an effective remedy require that technology-induced harm not remain without an accountable party. Accordingly, liability should not be confined to the end user; the roles of designers, developers, manufacturers, providers, and operators in creating or increasing risk must also be assessed. The study concludes that integrating Islamic jurisprudential rules of liability with human rights requirements can provide a coherent basis for regulating civil liability for AI-related harms within the Iranian legal system.
کلیدواژهها English