Document Type : Research Paper
Authors
1
Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran
2
.
3
Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran
10.22124/wp.2026.35076.3719
Abstract
The increasing use of artificial intelligence in commercial activities, while increasing the speed and capacity of decision-making, has created challenges regarding damage prevention, accountability, transparency, and compensation for losses arising from algorithmic decisions. Such decisions are made in areas including credit assessment, banking, insurance, pricing, marketing, recruitment, and organizational management and may affect individuals’ rights in cases of errors, bias, or defects in design and operation. The main issue is that the traditional civil liability system, largely based on the occurrence of damage and its attribution to a specific person, faces limitations when dealing with artificial intelligence systems characterized by complexity, relative autonomy and learning. This study adopts a descriptive-analytical approach to examine legislative, regulatory, and compensatory mechanisms for managing civil liability arising from artificial intelligence. The findings indicate that a response requires a shift from a reactive model toward a preventive framework based on risk-oriented legislation, algorithmic transparency, human oversight, impact assessment, technical auditing, standardization, corporate governance, liability insurance, and compensation funds. Furthermore, Islamic jurisprudential principles of destruction, causation, and prevention of harm can contribute to developing a domestic model o
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