Note: Hujjat al-Islam Mohammad Reza Mahmoudi is a young researcher from the seminary who, in addition to fiqh, has studied law and media at university. Given his simultaneous expertise and familiarity with the disciplines of fiqh, media, and the broader cyberspace, we spoke with him about the future of media fiqh. He believes that media issues will undergo significant changes in the coming years, necessitating interdisciplinary studies by jurists; however, this does not mean a change in the foundations of media fiqh. Drawing on his mastery of technology, he provided various examples of emerging technologies, noting that jurists’ lack of familiarity with them renders their fatwas ineffective and incorrect. The detailed and engaging conversation of Contemporary Fiqh with a faculty member of Shahid Mahallati Faculty in Qom is as follows:
Contemporary Fiqh: What do you consider the most important issues facing media fiqh in the next 100 years?
Mahmoudi: First, it seems to me that the question is very broad; because the pace of growth in information and communication technology is such that predicting 100 years into the future is difficult. However, in general, it can be said that one of the most important issues that necessitates jurisprudential attention more than others is the development of intelligence in computational systems and computers.
From 1936, when the first supercomputer was invented by Professor Aiken, to 1940, when Alan Turing introduced the first idea of artificial intelligence, progress has been extensive; to the point that today, the processing speed of the simplest device we hold is millions of times faster than a hundred years ago.
Faster processing leads to the emergence of certain issues, such as artificial intelligence. In artificial intelligence, there are issues that fiqh must address. Artificial intelligence is not merely a simple calculator; rather, it enters various dimensions of our lives and takes on roles that were previously handled by humans.
For example, one of these aspects is services and the field of transportation and driving. In a space where artificial intelligence is the decision-maker, crimes committed in this space and events that occur must be examined. Do we fundamentally have free will in artificial intelligence? Can artificial intelligence be subject to divine obligations?
These are the most important issues that need to be addressed and discussed in fiqh to determine how the relationship between fiqh and modern technologies will be. In fiqh, we talk about maturity and reason; but is the concept of maturity even conceivable in the context of artificial intelligence? Or can concepts like advanced artificial intelligence or deep learning be aligned with this context?
These are all issues and topics that we must address not in 100 years, but in less than ten years from now; hence, I mentioned that the pace of technological growth is such that a 100-year horizon cannot truly be envisioned for it.
Secondly, one of the most important aspects of media and cyberspace is the issue of data and big data. We see that every so often, the databases of many companies are stolen, and their jurisprudential ruling must be examined in the field of fiqh. The importance and status of big data are independent of privacy; thus, this topic should not be confused with privacy. Privacy pertains to the individual domain, but big data, in addition to its individual significance, also carries governmental significance; meaning, even if the owners of the data consent, the jurisprudential issues related to it go beyond individual fiqh.
Issues that can be categorized in the field of media fiqh are varied, some of which are foundational, while others pertain to the applied intersection of fiqh and media. Some are also independent topics that have received less attention, such as fiqh and the domains of cognition, psychology, cognitive operations, and psychological warfare. For instance, we have about sixty psychological operation techniques; but to what extent has our fiqh addressed these techniques? Unfortunately, the lack of engagement by fiqh in these areas has led to the emergence of two trends: some primarily consider these techniques as tools of the enemy and refrain from using them, while others excessively use all kinds of these techniques, claiming that the necessity of psychological operations justifies their use. This extremist and minimalist approach has now become a challenge for practitioners in this field. Additionally, the domains of cognition and security are relevant.
Another interdisciplinary domain is education. Currently, in the educational sphere, media have had a significant impact, whether in self-management, spousal relationships, or child-rearing. These are damages we are currently witnessing, and issues that fiqh must address.
However, in my opinion, the most important challenge for fiqh at present is aligning its foundations with those raised in cyberspace; meaning, reaching a common and adaptable terminology that is customary in fiqh and can be applied and utilized in the media space.
Contemporary Fiqh: Will the presuppositions and foundations of media fiqh change in the next 100 years? In which areas do you think these changes will occur?
Mahmoudi: Change will certainly occur, but whether these changes will be substantial, I believe they will not. You are aware that the term “computer” comes from “compute,” meaning to calculate. The very idea behind the creation of computers was the use of tools. The first supercomputer in the world could solve twenty-four equations in a minute, which was an innovation in itself. Today, the method remains the same. Although the speed of information processing has increased dramatically and is incomparable, the logic and language of processing remain the same. Professor Heiten established the binary logic of zero and one; hence, for computers to process information, everything is converted into a binary opposition of zero and one; to the point that there is a famous saying that the zero and one of a computer will never become two!
Those dear ones who exaggerate in the field of artificial intelligence fail to consider that artificial intelligence will never achieve the ability to process human thought and information.
For example, one of the most important aspects is the domain of emotions and feelings. In the domain of emotions, some point to ChatGPT or other software and say that in some chats, the system expresses sadness. However, this expression of sadness is vastly different from human sadness.
Given the above points, since the logic of computer information processing has not changed over the past hundred years, naturally, the foundations of media fiqh will not change either. The identity and logic of processing in all computer-based tools, whether in the field of artificial intelligence or other domains, are the same and follow a consistent logic; therefore, their foundations are also consistent and can be investigated and discussed one by one in advanced fiqh lessons. Thus, in my opinion, the foundations of media fiqh will not change in the coming years.
Contemporary Fiqh: Will the method of research and resolving media fiqh issues change in the next 100 years? What do you think these changes will look like?
Mahmoudi: We can only say this after those hundred years, as the issues and topics themselves are unknown, and thus we cannot comment on their processing methods.
However, in general, it can be said that what the late Imam introduced as Jawahiri fiqh will truly address all needs, provided that the foundations of this fiqh are aligned with the foundations of modern discussions. In the research centers and journals where I have responsibilities, I clearly see that the main dispute lies in establishing a common terminology and aligning foundations. For example, the intelligence that many dear information technology experts call artificial intelligence is, in their definition, completely different from the definition of intelligence we have in the field of fiqh; because we consider the levels of will, whereas they mean something else. Therefore, our fiqh will be capable of addressing new issues, provided we can reach a common terminology in foundational concepts.
Contemporary Fiqh: Will the jurists’ responses to media fiqh issues change in the next 100 years? In what directions do you think these changes will go?
Mahmoudi: They will certainly change. The current era is called the era of communication; an era in which people’s minds have become closer to one another, leading to beliefs and convictions emerging from this space. This has made media the dominant power in international equations, and as media become more powerful, our approach to them changes as well.
There was a time when media was limited to news. Even now, the main focus of media is news; but contemporary sciences say that media is the fourth estate in the separation of powers. This indicates the growing status of media over these years. Especially with the advent of Web 2 and interactive web since 2001, media has completely transformed, and thus the responses given previously may change in accordance with the requirements of the time and other issues.
The possibility of change is entirely assumed and obvious, but this does not mean that our jurisprudential foundations will change; rather, only the topics and our responses will differ.
Contemporary Fiqh: How do you evaluate the relationship between jurists and media professionals in the next 100 years?
Mahmoudi: Given the specialization in various fields, what we currently need in seminaries is engagement in interdisciplinary studies. However, I disagree with the idea of using cyberspace experts for subject identification, as they are not familiar with our jurisprudential terminology. Therefore, the only solution is to promote interdisciplinary studies, not only in the media field but also in other specialized jurisprudential issues. If we were able to specialize in medical fiqh and address our needs, it was because some of our jurists had specialized presence in medical circles; not that they were doctors, but they interacted with doctors and understood their terminology.
If we want to progress in the media space as well, our jurists must engage in interdisciplinary studies.
[1]. Here, it is worth critiquing the definition of this space as cyberspace; because cyberspace is not an accurate synonym for these tools we have. In no language will you find social networks referred to as cyberspace; rather, everywhere, the synonym for this space is cyber. When we say cyber, the word itself refers to cybernetics, and the central and most important goal of cybernetics is the governance, management, and administration of humanity in all aspects, thoughts, opinions, and all mental and psychological states. Therefore, when we talk about fiqh and cyberspace, one of the most important requirements is the governance of fiqh in cyberspace; because this space is not fundamentally about entertainment but about governance.