Related Links
Statistics
| Number of Journals | 32 |
| Number of Issues | 591 |
| Number of Articles | 5,779 |
| Article View | 8,660,891 |
| PDF Download | 6,342,771 |
Reconceptualizing Civil Liability for the Artificial Intelligence of Things: A Comparative Inquiry between Imamiyeh Fiqh and European Union Law | ||
| پژوهشنامه حقوق تطبیقی | ||
| Articles in Press, Accepted Manuscript, Available Online from 07 January 2026 | ||
| Document Type: Original Article | ||
| DOI: 10.22080/lps.2025.29785.1780 | ||
| Authors | ||
| Fatemeh Najibzadeh Vamegh Abadi1; Sayyed Mohammad Hadi Ghabooli Dorafshan* 2; Hosein Naseri Moghaddam3 | ||
| 1PhD Student, Department of Islamic jurisprudence and principles of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran. | ||
| 2Associate Professor, Department of Islamic jurisprudence and principles of Islamic law, Faculty of Theology and Islamic studies, Ferdowsi University of Mashhad, Mashhad, Iran. | ||
| 3Professor, Department of Islamic jurisprudence and principles of Islamic law , Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran. | ||
| Receive Date: 11 August 2025, Revise Date: 19 November 2025, Accept Date: 13 December 2025 | ||
| Abstract | ||
| The accelerated convergence of artificial intelligence with interconnected physical systems—commonly referred to as the Artificial Intelligence of Things (AIoT)—has produced distributed, semi-autonomous decision-making architectures that challenge traditional liability doctrines. A core legal dilemma arising from this evolution is how to ascribe responsibility and ensure effective redress for harm when human volition is attenuated, fault is indeterminate, and causal chains are mediated by algorithmic autonomy. This study employs a descriptive-analytical and comparative methodology to examine the foundational principles and structural modalities of civil liability applicable to AIoT within Imami Fiqh and the legal order of the European Union. The analysis reveals that Imami Fiqh, grounded in key normative constructs such as la darar (prohibition of harm), itlaf (damage/waste), tasbīb (causation), and customary attribution, demonstrates considerable doctrinal flexibility and normative richness for addressing liability in technologically autonomous environments. These principles not only facilitate compensation for direct injury but also inherently incorporate preventive responsibility, demands for technical transparency, and equity informed by prevailing social norms, thereby enabling adaptive governance of intelligent, self-governing systems. In contrast, the current EU framework lacks a coherent, purpose-built regime tailored to AIoT-related civil liability, remaining largely dependent on classical fault-based and strict liability paradigms. Recent initiatives by the European Commission—exemplified by the draft AI Liability Directive (AILD) and proposed revisions to the Product Liability Directive (PLD)—indicate a nascent responsiveness; however, their non-mandatory nature and the legal pluralism among Member States limit effective harmonization and systemic integration. The study concludes that, with respect to internal normative resources and theoretical adaptability, Imami Fiqh is comparatively better suited to inform the development of a context-sensitive, indigenous civil liability framework for the AI era. Conversely, EU law requires structural reform and cohesive legislative coordination to construct a robust and enforceable liability regime capable of addressing the distinctive risk profile of AIoT systems. | ||
| Keywords | ||
| Artificial Intelligence of Things (AIoT); Civil Liability; Causation (Sababiyat); Customary Attribution; La Darar; Product Liability; Act of a Third Party | ||
| References | ||
|
| ||
|
Statistics Article View: 216 |
||