Ethical and Legal Frameworks for AI in Muslim Communities: A Technical Survey of Privacy Constraints and Civil Liability Challenges

Abstract

The rapid advancement of artificial intelligence technologies, while offering transformative benefits across diverse domains, has concurrently generated serious and emerging privacy challenges. These challenges acquire particular salience in Muslim communities, where religious values deeply inform expectations regarding personal dignity, data protection, and moral accountability. These communities face the complex task of reconciling the technical requirements and global governance norms of AI with foundational Islamic precepts—particularly the prohibition of unlawful surveillance, the sanctity of private life, and the ethical duty to prevent harm. The primary research question investigates the distinctive privacy-related challenges arising from AI deployment within this cultural-religious context, and explores the feasibility of designing an accountable framework integrating civil liability and Islamic ethics. Employing a descriptive-analytical methodology with an interdisciplinary approach, the study draws upon primary Islamic sources—including the Qur'an, the Sunnah, and jurisprudential texts—alongside contemporary academic literature on AI governance and algorithmic accountability. Findings reveal that privacy challenges in AI are intrinsically three-dimensional—technical, legal, and socio-cultural—with regulatory gaps significantly exacerbating associated risks. Moreover, established Islamic legal maxims such as Lā Ḍarar (no harm), Ḥurmah al-Tajassus (prohibition of spying), and Ḍamān al-Itlāf (liability for damages) offer substantial normative potential for articulating the civil liability of developers, governments, and end-users. The study ultimately proposes a dual-level framework that concurrently strengthens legal redress mechanisms and establishes independent ethical oversight institutions, thereby laying the groundwork for responsible, value-aligned AI that respects Islamic ethical traditions while addressing contemporary technological imperatives.