The Legal Nature of Artificial Intelligence Applications

Abstract

The Fourth Industrial Revolution has transformed artificial intelligence (AI) from a speculative concept into a dominant reality with profound impacts on law, policy, and human life. AI applications now replicate core human cognitive functions—learning, reasoning, perception, and decision-making—allowing machines to perform tasks traditionally carried out by humans. While these technologies enhance efficiency and reduce costs, they also generate unprecedented legal, ethical, and regulatory challenges that traditional legal frameworks cannot adequately address. This research investigates the legal status of AI applications, a central issue in comparative jurisprudence and legislative discourse. It highlights the insufficiency of Libyan legal provisions in governing AI-related implications, particularly in defining rights and responsibilities, allocating liability, safeguarding privacy, and protecting intellectual property. To fill this gap, the study is divided into two parts: the first distinguishes between the conceptual foundations of AI and its practical applications; the second examines key jurisprudential theories on the legal status of AI, with reference to comparative law and Islamic jurisprudence.The findings support a reformulated version of the instrumental theory, drawing on analogies from Islamic jurisprudence on servitude, as a flexible and comprehensive model for regulating AI systems. The research concludes with recommendations for updating Libyan legislation to establish a modern legal framework that ensures effective governance of AI, aligns with global digital transformations, and preserves national legal authenticity.