The “Mind” as a Legal Domain: Elucidating “Cognitive Ownership” in the Age of Neurotechnology from the Perspective of Islamic Fiqh

Articles in Press

Type : Research Article

Authors

1 Associate Professor, Department of Ahl al-Bayt Studies, Faculty of Theology and Ahl al-Bayt Studies, University of Isfahan, Isfahan, Iran.

2 PhD Student in Public International Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

Abstract

‌Context & Objective: In the contemporary era, the advancement of cognition-oriented technologies like neuroscience and mental data-mining has blurred the traditional boundary between "thought" and "action," raising novel legal and ethical questions about the ownership and sanctity of the human mind. This article explores the concepts of “cognitive privacy” and “cognitive ownership” by examining them within the frameworks of Islamic jurisprudence (Fiqh), Iranian domestic law, and international human rights law. The research seeks to answer several central questions: Can the human mind be considered a protected and ownable domain? To what extent can Islamic jurisprudence—through principles like the prohibition of unwarranted intrusion [ḥurmat al-tajassus], the no-harm rule [qāʿidat lā ḍarar], and the imperative of preserving human dignity—safeguard this right? And how are cognitive rights conceptualized in contemporary human rights frameworks?
Method & Approach: The study employs a doctrinal method combined with a comparative approach, drawing upon Islamic jurisprudential sources, comparative legal doctrine, and international instruments. It also adopts an interdisciplinary and foresight-oriented perspective to analyze the subject matter.
Findings: The findings indicate that the mind, as the core locus of personal privacy and a vital cognitive asset, is both ownable and protectable. The research identifies significant legal lacunae in Iran’s domestic system, other legal orders, and international instruments, which underscores the urgent need for new protective frameworks. Furthermore, the study finds that Islamic jurisprudence is a rich and dynamic source with the adaptability and interpretive resources required to derive cognitive rights, and it could serve as a basis for issuing supportive Fatwas concerning cognitive technologies.
Conclusion: This study underscores the critical need for drafting both national and international charters of cognitive rights and for forging a jurisprudential-legal consensus to safeguard the sanctity of the mind. It also proposes specific recommendations for the development of cognitive rights in Iran.

Keywords

Main Subjects

Journal of Islamic Law Research

Articles in Press, Accepted
Available Online from 23 September 2025

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‌ Timeline

  • Received: 21 August 2025
  • Accepted: 23 September 2025

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