The Algorithm of Islamic Jurisprudence (Fiqh) with Validation of an Entscheidungsproblem

The historic background of algorithmic processing with regard to etymology and methodology is translated into terms of mathematical logic and Computer Science. A formal logic structure is introduced by exemplaryquestions posed to Fiqh-chapters to define alogic query language. As a foundation, ageneric algorithm for deciding Fiqh-rulings is designed to enable and further leverage rule of law (vs. rule by law) with full transparency and complete algorithmic coverage of Islamic law eventually providing legal security, legal equality, and full legal accountability.This is implemented by disentangling and reinstating classic Fiqh-methodology (usul al-Fiqh) with the expressive power of subsets of First Order Logic (FOL)sustainably substituting ad hoc reasoning with falsifiable rational argumentation. The results are discussed in formal terms of completeness, decidability and complexity of formal Fiqh-systems. AnEntscheidungsproblem for formal Fiqh-Systems is formulated and validated.

READ FULL TEXT

page 1

page 2

page 3

page 4

research
12/05/2014

Rule reasoning for legal norm validation of FSTP facts

Non-obviousness or inventive step is a general requirement for patentabi...
research
10/09/2021

Dynamic Logic of Legal Competences

We propose a new formalization of legal competences, and in particular f...
research
10/29/2019

Computer Assisted Access to Justice via Formal Jurisprudence Modeling

This paper discusses an internet-based system for enabling people to sel...
research
09/19/2023

Dialogues with algorithms

In this short paper we focus on human in the loop for rule-based softwar...
research
06/02/2022

Formalizing Human Ingenuity: A Quantitative Framework for Copyright Law's Substantial Similarity

A central notion in U.S. copyright law is judging the substantial simila...

Please sign up or login with your details

Forgot password? Click here to reset