Algorithmic Justice and Legal Pluralism: Rethinking Artificial Intelligence Regulation in Pakistan's Hybrid Legal System
Keywords:
Algorithmic Justice, Legal Pluralism, Artificial Intelligence Regulation, Pakistan, Hybrid Legal System, AI Ethics, Islamic Law, Customary Law, Data Protection, Constitutionalism.Abstract
This research explores the complex interplay between algorithmic justice and legal pluralism within the context of Pakistan’s hybrid legal system. As artificial intelligence (AI) technologies become increasingly integrated into governance, law enforcement, and judicial decision-making, the absence of a cohesive regulatory framework in Pakistan raises pressing concerns around bias, accountability, and fairness. The study critically examines how Pakistan’s pluralistic legal system—comprising Islamic jurisprudence, British colonial legal heritage, and indigenous customary norms—interacts with emerging AI applications and regulatory needs. Employing a qualitative research design, the study analyzes legal texts, policy documents, and global AI governance models to identify gaps and propose context-specific reforms. The findings reveal that current legal instruments, including the Prevention of Electronic Crimes Act and draft AI policies, lack a rights-based, pluralism-sensitive approach to AI regulation. The study argues for a multi-layered regulatory framework that incorporates constitutional protections, Islamic ethical principles, and local customary values to ensure equitable, transparent, and socially legitimate AI governance. This paper contributes to the emerging discourse on AI ethics in the Global South and underscores the need for culturally adaptive, justice-oriented technology regulation.