مجلة العلوم الإسلامية والحضارة
Volume 10, Numéro 2, Pages 29-50
2025-06-30
Robotic Patents Between Islamic Sharia And Secular Law
Authors : Bensalem Mokhtar . Bourzgue Ahmed .
Abstract
Patents play a crucial role in protecting innovation by granting inventors exclusive rights. However, advances in artificial intelligence (AI) have introduced systems capable of generating inventions without direct human involvement, raising legal and ethical questions about recognizing AI as inventors. While most secular legal systems still require inventors to be natural persons, cases like DABUS have sparked global debate. Some propose granting AI a form of "electronic personality" to hold rights—an idea met with both support and criticism. In contrast, Islamic Sharia emphasizes reason and moral responsibility as conditions for legal capacity, thus opposing the attribution of rights to non-human entities. Instead, Islamic law may allow programmers to hold rights over AI-generated inventions through mechanisms that align with Sharia objectives, such as preserving wealth and innovation. A possible middle ground is the concept of a "nominal inventor," where humans are legally recognized while AI is acknowledged as a technical tool.
Keywords
Robot Personality ; Artificial Intelligence ; Nominal Inventor ; DABUS
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