Abstract
<jats:p>A New Conceptual Framework Between Artificial Intelligence and Islamic Law Algorithmic Phonogram Language The Law on Intellectual and Artistic Works No. 5846 defines the terms work, author, derivative work, compilation work, fixation, phonogram, computer program, interface, interoperability, related rights, and neighboring rights under the heading Definitions. According to this Law, fixation is the process of recording sounds or sound representations or sounds and images in a way that can be understood, reproduced, or transmitted to a medium. A phonogram is defined as a sound carrier medium on which sounds or other sounds or sound representations in a performance are fixed, except for sound fixations in audiovisual works such as cinematographic works. A computer program refers to a set of computer instructions arranged in such a way as to enable a computer system to perform a specific operation or task, and the preparatory work (algorithmic logical and mathematical language) that enables the formation and development of this set of instructions. In computer technology, an interface refers to the program sections that create mutual interaction and connection between the hardware and software elements of a computer. Again, in relation to computer technology, interoperability refers to the functional cooperation and interaction of computer program sections and the mutual use capability of the information exchanged. It is necessary to understand what is expressed in the Law and in the phenomenon of artificial intelligence from the perspective of the general theory of Islamic law. This study examines the concept of algorithmic phonogram legal language and the idea of legal benefit, which proposes a new conceptual framework between artificial intelligence technologies and law/Islamic law. Based on the idea of technological legal language, the aim is to create a social legal argument based on widespread social impact. Thus, with the idea of algorithmic phonogram language, the aim is to contribute to the literature created by artificial intelligence in the social sciences, to establish consistency and cooperation in the level of understanding of artificial intelligence systems by social scientists in the field of engineering, and to propose a new concept that could be included in rulings and fatwas based on the general theory of Islamic law in cases involving technological issues related to artificial intelligence that are subject to law. It has been considered that a phrase (illet/örf) should be included in a proposal for a new concept that could be included in rulings and fatwas based on the general theory of Islamic jurisprudence. The algorithm that constitutes this expression (illet/örf) draws attention to the similarity between the logical and mathematical thinking presented in the technological language reflection of the algorithmic phonogram language approach and the fundamental formal symbol or symbol logic created to express sound (the objectification of sound and whether it is a commodity or not). It has been argued that cultural phenomena in the shaping of sound and scientific algorithmic computer- based approaches are created based on the same logic. In the issue of technological language identification related to legal language and fundamental artificial intelligence concepts in Islamic law, an assessment of technological language that will affect Islamic law was conducted, addressing the impact of algorithmic phonogram language on legal applications and focusing on how a theoretical perspective on algorithmic phonogram language should be from an Islamic law perspective. In this sense, an attempt was made to reach a conclusion based on definitions considered relevant to the subject in Islamic law theory. In the conclusion, the idea that the term endurable electronic harm could be a concrete legal benefit of algorithmic phonogram language was attempted to be linked to the theoretical level. Keywords: Law; Islamic Law; Artificial Intelligence; Algorithm; Phonogram; Rebus</jats:p>