The world is no longer the “global village” it was once said to be; rather, it has reached a turning point marked by anxiety over the tremendous advancements in all fields. These advancements have transcended geographical, political, and social boundaries, extending even to the family and its issues through smart communications and artificial intelligence, thereby shaping a society that could be called the “information homeland,” and the judiciary has also entered this realm.
The family sphere, governed by custom, religion, and law, has become vulnerable to intrusion, and family problems have come to light, raising questions such as: Is it possible to establish a legal framework for artificial intelligence in personal status cases? And to what extent is artificial intelligence authoritative in such matters?
Personal status matters are characterized by privacy, and the Code of Civil Procedure No. 83 of 1969 and the Code of Evidence No. 107 of 1979 have emphasized this privacy, such as the lack of a mandatory appeal period in divorce and paternity cases, and the evidentiary restrictions on judicial separation in the absence of the husband. Therefore, the scope of artificial intelligence in these cases is limited.
In a marriage contract, the offer, acceptance, and the presence of witnesses are considered essential pillars, but is a virtual council via artificial intelligence permissible? In 2017, the UAE piloted the “Smart Marriage” initiative, where the couple and witnesses meet with a robot connected to the judge, and the marriage formula is recited and the contract issued. To achieve this, the system must be linked to all parties’ data and relevant laws must be amended; the same applies to other legal matters such as death, legal inheritance, and guardianship.
In case management, artificial intelligence can register cases, schedule hearings based on the nature of the cases, issue notifications, hear witnesses remotely, and assist with expert testimony; however, it cannot replace the judge or adjudicate on substantive matters, such as issuing a final judgment based on the parties’ arguments, as its role remains supportive rather than judicial.
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