Abstract



The increasing use of intelligent robots has raised new questions concerning liability for damages resulting from their performance, decision-making, or malfunctions. This study examines the jurisprudential foundations of liability for damages caused by intelligent robots and identifies the party responsible for compensation. Using a descriptive-analytical method based on library research and the analysis of jurisprudential sources and evidence, the study finds that, where multiple human factors contribute to the damage, liability generally rests with the party whose conduct constitutes the proximate cause. Thus, where damage results from programming errors, defects in design or manufacture, improper assembly, or inaccurate information regarding the robot’s functionality or safety, the designer or manufacturer is liable. Conversely, where damage results from improper use, user negligence, or knowingly using a defective robot, liability rests with the user. Where damage results from an independent decision-making error or an unforeseeable and unavoidable malfunction, without any contribution or negligence by the user, involuntary destruction (ittilāf qahrī) occurs, and no specific person is liable unless the Islamic ruler assumes responsibility for compensation. Therefore, the mere occurrence of harm, without establishing its attribution to a specific person or cause, does not suffice to establish liability.