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This paper investigates the intersection of machine learning systems designed to detect covert consciousness in neurologically injured patients and their implications within Islamic jurisprudence. It proposes a framework using specific epistemic constructs from legal theory—such as *bayyina* (evidentiary proof) and *yaqin* (certainty)—to address the challenges posed by probabilistic neural-state estimates rather than binary clinical verdicts. The study highlights critical ethical hurdles for AI surrogate decision systems where technical capabilities outpace current religious interpretations of brain death.
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AI, Brain Death Detection, and Islamic Law

arXiv2 min read

arXiv:2608.16903v1 Announce Type: cross Abstract: The deployment of machine learning systems capable of detecting covert consciousness in neurologically injured patients creates a profound challenge at the intersection of clinical medicine, AI ethics, and Islamic jurisprudence. We argue that the shift from binary clinical verdicts to probabilistic, temporally granular neural-state estimates should be addressed through three foundational constructs in Islamic legal epistemology: bayyina (clear evidentiary proof), yaqin (epistemic certainty), and the theologically mandated agnosticism about there (soul). We survey the current technical literature on AI-based consciousness detection, map it onto the landscape of Islamic brain death scholarship, and identifykey challenges. We also discuss its implications for AI surrogate decision systems.

Abstract:The deployment of machine learning systems capable of detecting covert consciousness in neurologically injured patients creates a profound challenge at the intersection of clinical medicine, AI ethics, and Islamic jurisprudence. We argue that the shift from binary clinical verdicts to probabilistic, temporally granular neural-state estimates should be addressed through three foundational constructs in Islamic legal epistemology: bayyina (clear evidentiary proof), yaqin (epistemic certainty), and the theologically mandated agnosticism about there (soul). We survey the current technical literature on AI-based consciousness detection, map it onto the landscape of Islamic brain death scholarship, and identifykey challenges. We also discuss its implications for AI surrogate decision systems.

Computers and Society (cs.CY); Artificial Intelligence (cs.AI)

arXiv:2608.16903 [cs.CY]

(or arXiv:2608.16903v1 [cs.CY] for this version)

https://doi.org/10.48550/arXiv.2608.16903 Focus to learn more arXiv-issued DOI via DataCite

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Full text under the publisher's open licence · 200 words

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