Artificial intelligence (AI) should be treated as a tool to assist, rather than replace, human judgment in the Syariah justice system, said Minister at the Prime Minister’s Office (Security and Law) Dato Seri Setia Awang Haji Sufian bin Haji Sabtu.
He said all AI-generated outputs must be reviewed, filtered and verified before being used, with responsibility and accountability for decisions remaining with people, not machines.
He was speaking at the opening of the fourth Nusantara Syariah Judicial and Legal Conference 2026 at The Rizqun International Hotel in Gadong on Tuesday.
The minister said AI could benefit the judiciary through case management, legal research and faster public services, potentially improving access to justice.
In Brunei Darussalam, the Syariah Courts have already moved towards digitalisation through the e-Syariah system, while AI could further strengthen these efforts.
However, he highlighted concerns over the accuracy, confidentiality and evidentiary value of AI-generated material.
AI systems can produce convincing but inaccurate information, including references to non-existent cases or sources. Confidentiality is also critical, particularly in Syariah family cases involving sensitive personal information.
The rise of AI-generated fake content, including deepfake audio, images and videos, could further complicate the assessment of evidence in court.
The minister stressed that judging is a trust that cannot be delegated to machines, with assessment, ijtihad and final decisions remaining with judges.
He also called for clear guidelines on the ethical and responsible use of AI in Syariah courts, under effective human oversight and in line with Syariah principles and national and regional frameworks.
He noted that Brunei issued its AI Governance and Ethics Guidelines in 2025, with the second edition released this year covering generative AI. The Personal Data Protection Order 2025 also strengthens protection of personal information.
The minister said existing Syariah laws on procedure and evidence should also be reviewed to determine whether they adequately address digital evidence and AI-generated or manipulated content.
He said closer cooperation among the Syariah Courts, Attorney General’s Chambers, State Mufti Department and relevant agencies would be important.
The conference, being held in Brunei for the first time, brings together delegates and speakers from Brunei, Malaysia, Indonesia and Singapore.
Previously hosted by Malaysia in 2016, 2020 and 2023, the fourth conference provides a platform for sharing legal practices and exploring the future development of Syariah justice in the region.
The minister expressed hope that the conference would produce practical recommendations, including common principles for ethical AI use in Syariah justice and greater cooperation in training and AI literacy for judges and court officials.
SOURCE/AUTHOR : BORNEO BULLETIN/Yusrin Junaidi
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