Artificial Intelligence-Based Hoax Dissenmination as Jarimah Ta’zir from the Perspective of Islamic Criminal Law

Abstract

The development of artificial intelligence (AI) has brought major changes to the production and dissemination of information through social media. In addition to providing benefits across various areas of life, AI also has the potential to be misused to create and disseminate hoax content that is difficult to distinguish from accurate information. This study aims to analyze the forms of AI misuse in hoax dissemination, the factors contributing to such misuse, and its assessment from the perspective of Islamic Criminal Law. This research employs normative legal research using a library research approach. Primary legal materials include the Qur'an, hadith, Law No. 1 of 2024 on Electronic Information and Transactions, and fiqh jinayah literature. Secondary materials consist of books, scholarly journals, and other relevant literature. The materials were analyzed using a qualitative descriptive method. The findings indicate that AI is misused in hoax dissemination through the creation of false news, narrative manipulation, dissemination of unverified information, and mass content production. From the perspective of Islamic Criminal Law, such conduct contains elements of al-kadhib, fitnah, tadlīs, and mafsadah and may therefore be classified as jarimah ta‘zīr.