Thursday 23 July 2020

Question of Robotic 'Aqad

Question of Robotic 'Aqad

When we misspell a word while writing using any software application, the system will tell us to correct it. Or if we mistakenly pressed a button, a sound is made to warn us. Little we question this small help. In fact, to the contrary we will criticize if the software were not able to do things that we expect the wonder of computer and technology to do. Without doubt automation has overtaken many of our daily tasks which are in the past were done manually. Till in the 70's and even 80's our telephone lines are connected by hands of the operators almost whom were ladies. Today not only the operators are long gone but the way how we communicate is fast changing. The bottom line of our modern techno life is speed and cost. Everything must be super fast and cost-effective. For people engaged in commerce and trade these are true. Not only our transaction has changed from off-line to on-line, the way dealings are done is now transforming from flesh to wire from blood to circuit as now sale and purchase are being automated. The process of purchasing and selling are being reduced to a push of a button! The issue of human error or mistake, delay in processing and labour cost can be avoided by this automated technology or to be exact by a robot. The image of a robot doing humanly physical things is perhaps still in the process of perfection, but the "intellectual task" of calculating, processing, delivering, systematizing, and probably deciding or agreeing after all the necessary variables or algorithm are keyed-in to the program are quickly become a norm of a day. For conventional banking this automation is most welcomed with big open hand. Islamic banking would also do the same, but cautiously. Since the 'aqad or agreement is Islamic law is the manifestation of consent and meeting of minds of the parties, can a robot without heart and soul do the same. The answer is certainly it cannot. No robot can replace any human. But the issue here, would the use of robot or automation make the contract or 'aqad into something that is uncertain, unclear and full of doubt between parties. The answer is most likely no. For me the consent of parties is already manifest once they agree to enter the robotic world. Of course when there is a dispute because of anything from system down to accidental pushing of button, settlement can be achieved through agreement or "see you in court!".                   

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