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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.
AI, Brain Death Detection, and Islamic Law
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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