نحو مفهوم معاصر لعدالة الشهود وتزكيتهم عن طريق الذكاء الاصطناعي: دراسة مقارنة بين الشريعة والقانون الاماراتي [A Contemporary Concept of Witness Integrity and Their Endorsement Using Artificial Intelligence: A Comparative Study]

Abstract

Testimony is one of the most important means of proof in both Islamic and civil law. This study examines the requirement of witness integrity and endorsement as established in the Islamic judicial system and compares it with the evidentiary laws of the UAE judiciary, which neither explicitly stipulate this requirement nor obligate judges to endorse witnesses. This constitutes the core problem addressed by the research, alongside several temporal and contextual challenges that hinder the application of traditional Sharia-based endorsement today particularly amid rapid population growth and the diversity of nationalities in modern societies in general, and in the United Arab Emirates in particular. The research adopts the inductive, comparative, and analytical methodologies to examine and analyze the juristic foundations of witness integrity and endorsement in Islamic law, and to compare them with the legal framework currently in force in the UAE. The significance of this study lies in proposing a juristic–legal approach that establishes a modern concept of witness integrity and endorsement, balancing Sharia principles and objectives with contemporary legal and judicial standards. The study also proposes a practical AI-based model for verifying witness integrity and endorsement, as well as assessing the credibility of testimony, thereby enhancing the fairness and stability of judicial decisions. The findings demonstrate the extent to which UAE law aligns with the principles and objectives of Sharia particularly regarding the requirements of impartiality and the absence of suspicion as well as the readiness of the legislative and technological environment within the UAE judicial system. These factors support the feasibility of implementing the study’s recommendations and achieving its objectives.