The deployment of machine learning systems capable of detecting covert consciousness in neurologically injured patients creates a profound challenge at the intersection of clinical medicine, AI ethics, and Islamic jurisprudence. We argue that the shift from binary clinical verdicts to probabilistic, temporally granular neural-state estimates should be addressed through three foundational constructs in Islamic legal epistemology: bayyina (clear evidentiary proof), yaqin (epistemic certainty), and the theologically mandated agnosticism about there (soul). We survey the current technical literature on AI-based consciousness detection, map it onto the landscape of Islamic brain death scholarship, and identifykey challenges. We also discuss its implications for AI surrogate decision systems.
AI, Brain Death Detection, and Islamic Law
The deployment of machine learning systems capable of detecting covert consciousness in neurologically injured patients creates a profound challenge at the intersection of clinical medicine, AI ethics, and Islamic jurisprudence.
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- arxiv.org/abs/2608.16903CC-BY-4.0
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