Explanation of the smart slave theory in artificial intelligence contracts

Document Type : Original Article

Authors

1 Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty of Humanities, Shahed University, Tehran, Iran (Corresponding Author)

2 Department of Islamic Law. Faculty of Humanities. shahed university, Tehran, Iran

10.22075/feqh.2025.35595.4050

Abstract

Abstract
Many jurists have defined the relationship between artificial intelligence and principal in the form of the theory of smart tools. Due to the tremendous progress of artificial intelligence, some objections have been noticed in this theory and it has led to the emergence of other hypotheses, one of which is the theory of intelligent slave. Based on this hypothesis, considering the similarities of "permissive slave in business" with "learning artificial intelligence system", the nature of artificial intelligence contracts can be considered the same as permissive slave contracts in jurisprudence and law and this is while the pillars of the validity of the contract; It means that there is capacity, intention and consent in these contracts. In this article, after explaining the technology of artificial intelligence contracts and explaining the nature of slave contracts with permission, the intelligent slave theory has been analyzed and investigated with a descriptive-analytical method, and as a result, this theory has been preferred over the popular theory of smart tools.

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