Jurisprudential Rulings Relevant to the Use of Artificial Intelligence in the Medical Field

Abstract

*This paper of research is sponsored and funded by Kuwait University, Research Project No. (HC03/23) Idea of the Research is to address the topic of using artificial intelligence in the medical field from the Islamic point of view. Its importance lies in focusing on the way Islamic Law keeps pace with latest issues that comply with the provisions and objectives of Islamic Law. Hence, the problematic deals with jurisprudential rulings relevant to the use of AI in the medical field and providing patients’ confidential data to AI software. This research aims to explain some jurisprudential rulings on using AI. Accordingly, extrapolatory, analytical, and comparative methods have been used. The main findings of the research are the following: learning AI is a collective duty provided that it agrees with the Objectives of Islamic Law that firmly stipulates non-disclosure of patients’ medical data except in a few cases to bring benefit or prevent harm. On this basis, practitioners can provide AI software with confidential patients’ information under certain conditions such as achieving public interest, obtaining permission and a written consent from the patient, revealing true information and preventing any kind of harm. In this regard, the researcher urges to keep pace with the latest AI developments and encourages more jurisprudential studies to promote research on emerging medical issues.