Criminal Liability in the Age of Artificial Intelligence and Cybercrime: A Comparative Analysis of the Foundations of Imami and Maliki Jurisprudence

Abstract

The rapid advancements in artificial intelligence technologies and the expansion of cybercrime have placed criminal liability within a complex and multidimensional domain. Today, many offenses are committed in digital environments through the use of intelligent systems, which has created serious challenges in identifying the human agent, determining criminal intent, and assessing the extent of human involvement in the commission of crimes. In light of these fundamental transformations, the need to reconsider the traditional foundations of criminal liability and to analyze their capacity to address emerging offenses has become increasingly evident. The aim of this study is to conduct a comparative examination of the foundations of criminal liability in Imami (Jaʿfari) jurisprudence and Maliki jurisprudence and to analyze the capacity of these two jurisprudential systems to confront the challenges posed by the age of artificial intelligence and cybercrime. The research method adopted in this article is descriptive–analytical and is based on the study of jurisprudential and legal sources. The findings indicate that Imami jurisprudence, through its acceptance of indirect liability, flexibility in the analysis of intent and the instrumental means of committing crimes, and the possibility of analogical inference from comparable cases, possesses greater capacity to respond to intelligent and cyber offenses. This capacity facilitates the development of legal frameworks compatible with emerging technologies. In contrast, Maliki jurisprudence, due to certain limitations regarding the inclusion of offenses arising from automated systems and its emphasis on direct perpetration and explicit intent, faces shortcomings in addressing digital crimes. The final conclusion of this research emphasizes the necessity of utilizing the capacities of comparative jurisprudence to reconsider criminal liability and to formulate regulations compatible with the digital and artificial intelligence era, demonstrating that the adaptation of traditional principles to modern technologies can provide an effective solution for filling legal and jurisprudential gaps in combating cybercrime.