A case based tool as intelligent assistance to mufti

Abstract EN

In this paper we focus our interest on reasoning modes in the legal domain and more exactly in the Islamic legislation field.

The analogy reasoning mode, naturally used in the legal domain, possesses a variant, called case-based reasoning (CBR).

It consists in solving a new problem by reusing the solution of a similar problem already met, and stored in a memory of cases.

Numerous applications based on this new paradigm have been developed in both CBR problem-solving style (dealing with cognitive tasks like diagnosis, planning,…) and interpretative style (used in interpretation, justification, or projection).

Interpretative case-based reasoning is a process of assessment of situations or solutions in a previous experience context.

It is naturally daily used.

Indeed, judges in their courthouses interpret a new situation in the light of case already met (case of jurisprudence).

In the following, we are interested in applying this style of reasoning in the Islamic legislation field as a tool for information retrieval, which can be used during the process of Fatwa generation.

In Islamic legislation, the Fatwa consists in the declaration of a legal opinion in respect of the Islamic precepts.

El Bayane is a CBR system conceived to help a Mufti in generating Fatwas for the new situations, by using the Fatwas of past situations.

It is not able to generate a new Fatwa from scratch, but it reuses the Fatwas, by imitating an imam.