Liability Gap, Personhood Theories and Effective AI Legal Framework in the GCC Countries: Shariah as the Thread That Binds
摘要
The GCC countries are embarking on ambitious plans to take full advantage of artificial intelligence (AI) and emerging technologies in transforming their economic industry. Such rapid transformation is predicted to have substantial pitfalls to the GCC countries, one of which involves the use of AI-driven technologies. Given that the deployment of AI necessitates a supportive and comprehensive legal framework, the legal status of AI as an artificial person comes into picture. Where an AI technology is considered as mere tool for human consumption, there is no issue as to whether they should be recognised as separate legal entities accountable to their own rights and responsibilities. Yet, this is where the storm is brewing. With the ability of AI platforms being capable of matching humans with excellence, in addition to the astronomical resources being poured into the development of human-like sentient AI, there is a fresh call for the legal status of AI to be revisited. This chapter begins with an examination of the ontological status of personhood in contemporary discourse. The chapter then moves to explore the discussion on ‘personhood’ within Muslim scholar’s discourse. Core to the issue is in what context would rights and obligations arising from AI activities and transactions be recognised under the Shariah. As Shariah is the golden thread that binds the GCC countries, the articulation of the Shariah perspective would be beneficial to these countries aiming to build their economy based on AI products and services.