Maqāṣid al-Sharī’ah : Protection of ‘Aql in the

Era of Industrial Revolution 4.0

Siti Noor Mawar Abdul Rahman

Center for Islamic Development Management Studies (ISDEV)
Universiti Sains Malaysia
11800 Pulau Pinang, Malaysia
email:snmawarahman@gmail.com/mawarahman_isdev@student.usm.my

Azrin binti Ibrahim

Center for Islamic Development Management Studies (ISDEV)
Universiti Sains Malaysia
11800 Pulau Pinang, Malaysia
email:azrinibrahim.usm@gmail.com

Abstract

Among the wisdom of Islamic Sharī’ah lies in its maqāṣid al-sharī’ah on

protection of ‘aql. Protection of ‘aql is deem importance as one global
consideration that need to be given serious thought especially in the context of
Industrial Revolution 4.0 (IR 4.0). Artificial intelligence, data sciences, learning
machines, automated algorithms, analytic data, quantum are the lists of latest
development in brain sciences studies as well as human intelligence. IR 4.0 is the
era of networking between artificial intelligences and human intelligence and its
environment totally new to social human being. These new environment known as
Cyber Physical System (CPSs) and Internet of Things (ToT) need to be controlled
and evaluated carefully before its gone uncotrollable. It must follow suit the spirit
of maqāṣid al-sharī’ah. Thus, this paper sets three objectives to be achieved. First
objective, is to identify three major discussion which are the concept of maqāṣid
al-sharī’ah, the doctrine of protection of ‘aql in maqāșid al-sharī’ah and some
issues in Industrial Revolution 4.0 (IR 4.0). Second objective is to analyse the
protection of ‘aql in the context of Industrial revolution of 4.0. Third objective is
to conclude the finding of protection of ‘aql in maqāṣid al-sharī’ah and Industrial
Revolution 4.0. This paper will adopt descriptive methodoloy using content
analysis from secondary source of data. It is expected to create awarness and
readiness to the downside impact of Industrial Revolution 4.0 to the mankind.

Keywords: Maqāṣid al-sharī’ah , protection of ‘aql, Artificial Intelligence,

Industrial Revolution 4.0

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1.0 INTRODUCTION

One of importance principles in maqāṣid al-sharī’ah that has been given due attention in
Islamic scholarly writing is protection of ‘aql (intellect, mind, reason). Even in Islamic
jurisprudence the importance of protection of ‘aql has been recognized, studies on brain, mind,
intellect is championed by western scholars. The study of the functions of brain led to the
manipulation of it which has reached to a level that can imitate the function of brain in the form
of artificial intelligence. It has dominated the wave of Fourth Industrial Revolution or Industrial
Revoultion 4.0 (IR 4.0). The domination of artificial intelligence is made through integration
and networking between intelligence things thus creating environment totally new and
challenging to social human being. It leaves human with two options either to impede or
accelerate with this new challenging environment. In history, we have seen the negative
reaction of human in second revolution to the invention of automated machines that replaced
the labor workers.

In Islam, some great thinkers of Muslim minds had outlined some basic principles to be
considered by evaluating the benefit and harm of these new inventions which not be found
during prophet times. These new inventions have no clear indication regarding it ‘do’ and
‘donts’. However, Islamic scholars managed to develop science in Islamic jurisprudence
known as maqāṣid al-sharī’ah after thoughtfully studied dalil naqli (evidence from revelation)
and dalil ‘aql (evidence from reason). Therefore, this paper is an attempt made to discuss the
concept of maqāṣid al-sharī’ah generally and further extent to discuss on one of its principles
that is protection of ‘aql and its doctrine. Before the analysis of protection of ‘aql in the era of
fourth industrial revolution take place, the understanding of what lies behind Industrial
Revolution 4.0 also being captured in this paper. So, first and foremost to be captured is the
general concept of maqāṣid al-sharī’ah.

2.0 MAQȦȘID AL-SHARĪ’AH IN CONCEPT

The term maqāṣid al-shari’ah is in Arabic from two words “maqāṣid” and “sharī’ah”. The
word maqāṣid is a plural form of maqāṣid and derive from the root word “qasada” which
literally means purposes, objectives, principles, intents, goals and ends. According to Ibn Ashur
(t.t) maqāṣid of the Islamic law are the objectives/purposes/intents/ends/principles behind the
Islamic rulings. As for sharī’ah, it refers to the staright path to be followed. Technically it has
been defined as the purpose for which the law is established to fulfil for the benefit of
humankind. It can also be described as meanings and wise purposes derived by the creator in
His injunctions in general and specifically aiming for public interest. From all these meanings
it can be concluded that maqāṣid al-sharī’ah is a divine wisdom of Allah derived behind most
of His laws which guide towards the end and goals of the sharī’ah, which can either be general
or specific. Commonly, maqāṣid al-sharī’ah is also described as the objectives of sharī’ah.
(Ahcene Lahsasna, 2013).
The objective of sharī’ah is to protect the well-being of the people irrespective of gender and
without any discrimination as to sex, colour, tribe and religion. The underlying theme is the
realization of the benefit of the people (mașlaḥah) or public interest (Ibn al-Subki, 2004; Al-

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Shatibi, t.t). Thus, where a sharī’ah rule does not have a direct legislation from the Quran and
Sunnah of the Prophet Muhammad, the scholars could apply ijtihad to deduce the appropriate
rulings by considering what would be the best interest of the Muslims and Islam within the
prevailing global trend. Scholars have stated that the principles and rules of sharī’ah are
basically underlined with the objective of compassion and must be applied in a manner that
will reflect the compassion in the daily affairs of the citizens (Abdul Raheem Taofeeq Abolaji
& Farah Salwani Muda Ismail, 2018). In consequences, maqāṣid al-sharī’ah merge as a result
of social interaction within a society which also indicates to the development of intelligence.
Maqāṣid al-sharī’ah is one of the sciences developed in Islam. It is associated with science
because theory of reasoning represents one major aspects of maqāṣid al-sharī’ah and
considered as importance in the process of exercising ijtihad and fatwa (Achene Lahsansa,
2013; Kamali, M. H.,2011). In time of prophet, this science appears as practical (applied)
knowledge rather than theoretical.
Later, the development of the science of maqāṣid was advanced by some of the greatest minds
of the Islamic Ummah. Among the scholars are Imam al-Juwaini (478AH), the first scholar to
write about Maqāṣid as a separate discipline in his book al-Burhan, followed by Imam al-Shatib
(790AH) wrote a book al-muwafaqqat which treat maqāṣid al-sharī’ah as independence
science and Tahir ibn ‘Ashur (1394AH) with his book maqāṣid al-sharī’ah. These scholars
address directly to the topic of maqāṣid al-sharī’ah. These great scholars of Islam had
analogized maqāṣid al-sharī’ah as the foundation of a building, where ușul fiqh as a pillar and
fiqh as a building itself and serve as end product to Islamic jurisprudence.

In conclusion to the above discussion, maqāṣid al-sharī’ah is foundation science to Islamic

jurisprudence which study the secret and wisdom of lawful and prohibited in Islam. The
discussion of maqāṣid al-sharī’ah majorly concern with mașlaḥah (benefit) and mafsadah
(evil). Meaning and concepts of maqāṣid al-sharī’ah share simillarly concept of hisbat which
emphasises enjoining good and preventing evil. It is about the “do” and “donts”, prohibition
and command. Indirectly, it is related to the concept of hisbat which emphasis on enjoining the
goods and preventing the evil. The underpinning of maqāṣid al-sharī’ah is to do justice in
society (Bakar, O. ,2011; Auda, J. ,2008). This is also true with the concept and ethics of
implementing hisbah (Ibn Taymiyyah, 1990; Ibrahim, 2015). As for maqāṣid al-sharī’ah, it
must be observed through five main principles which are protection of religion (al-dīn),
protection of self (al-nafs), protection of intellect (‘aql), protection of lineage (al-nasl) and
protection of wealth (al-māl). Protection of ‘aql is discussed here due to challenge posed by
Industrial Revolution 4.0 in the form of artificial intelligence and its by-product. Thus, next
discussion is about the doctrine of protection of ‘aql.

3.0 DOCTRINES OF PROTECTION OF ‘AQL

Doctrines is defined as a belief or set of beliefs, especially political or religious ones, that are
taught and accepted by a particular group and doctrine in American English is a belief, theory
or set of belief especially political or religious, taught and accepted by a particular group
(Cambridge Dictionary, t.t). In this discussion, the doctrine here refers to a set of Islamic belief
in protection of ‘aql by referring to several prophetic saying and scholars who used legal
analogy (Qiyas) to extend the ruling. This paper will not discuss the word ‘aql in the Quran as
it requires thematic analysis and rigorous investigation of the occurrence of the word ‘aql in
the Quran. Therefore, this paper will only discuss about the basic principles underpinning the

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doctrine of protection of ‘aql. It has been in the Islamic beliefs that protection of ‘aql obviously
about intoxicant drink and anything that can corrupted the mind(intellect) from sound reason
as well its functioning (Abdul Raheem Taofeeq Abolaji & Farah Salwani Muda Ismail,2018; Yasmin
Hanani Mohd Safian,2013).

Intoxicant drink in the Quran being mentioned as khamr and the word khamr has been given
broad definition not to consists of wine only. The word used in the Qur’an khamr, refers
specifically to wine, all alcoholic drinks are prohibited in Islamic Law, as are all intoxicating
substances. When the Qur’an was revealed wine was the prevalent alcoholic beverage being
consumed, so this was addressed specifically. By referring to several Prophetic sayings and
using Legal Analogy (Qiyaas) scholars (‘Ulema) are able to extend the ruling to any type of
intoxicant, including drugs.

Therefore, in conclusion anything effected and jeopardise the mind’s capability as wine does,
must be prohibited. Drug also subject under this condition. However, Muslim jurist tolerate
drugs to certain degree for its medical benefit (Yasmin Hanani Mohd Safian,2013). The
prohibition of alcohol in Islam is absolute, rather than just being limited to drinking, the
prohibition extends to production, selling, buying, transportation etc, namely all those things
which support and maintain its presence in society. The rules of thumbs prevention are better
than cure is applied here. As something deemed harmful to the very fabric of society, the laws
of the sharī’ah are designed to sever it from the root.

Although we’ve focused here on alcohol, everything that has been said can be applied to any
intoxicating substance, whether it be soft drugs such as marijuana, or hard drugs such as heroin,
cocaine etc. no distinction is made. These kinds of drug have been recognised harmful to the
mind. Consumption of alcohol and drug are harm due to their effect to the ‘aql(reason) to lose
control and function properly. The proper function of ‘aql is importance for contemplation,
thought processing and planning.

Therefore, the doctrine of protection of ‘aql should be viewed from the perspectives what
maintains and strengthen it as follows:

1. ‘Aql should be the means by which we come to recognise our Creator through contemplation
of its creation and to be used for the benefits of mankind. It is supposed to be used to get closer
to the Creator as His vicegerent. It is designed for the purpose of reflection, thought and
planning for self-satisfaction or common good. Self-satisfaction is achieved through
contemplation to the reality of nature and the creator behind it (Sulaiman, K. U, 2017). Besides
that, thought and planning is the process takes place to achieve common good in society.
Therefore, anything that could strengthen that conditions should be preserved and encouraged
individually or collectively. This can be achieved through learning and gaining new knowledge
through formal and informal education.

2. ‘Aql should be protected from substance that corrupts its verily function and purpose.
Substance here can be in the form of products, thought and ideas. As for products, wine and
alcoholic drink is totally prohibited, and anything related to the operation and business of wine
and alcoholic also being banned. While products such as drugs, its prohibition depend on the
degree of its benefits and harms usage. Other intoxicants products should be subjected to
scrutiny of reason as to its harms and benefits. Meanwhile, the prohibition on harmful thoughts
and idea means a prohibition to think about the essence of God and thinking like God. This is

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not the purpose of ‘aql because as vicegerent ‘aql should be used for the execution and planning
of what being ordained by God in best way.

4.0 INDUSTRIAL REVOLUTION 4.0: ISSUES TO BE ADDRESSED

We will be living in the future of high technology characterized by artifical intelligence (AI)
as a symbol of achievements of developing mind. However, over the time which passed since
the AI problem was defined, a computer is still unable to tell a cat from a dog and solving AI
the AI problem is forcing most humans out of any intellectual activity, and consequently,
inevitable intellectual degradation of people (Antonov.A.A, 2011). Besides that, the challenges
will be intense with the phenomenon known as the end of globalization and post normal times
which posed some threats to human intelligence1 All these reflects the minds capability and its
challenges.

The new era of IR 4.0 is the era of the achievements of physical, biological and digital
technology. This era is driven by these three importance aspects. The fundamental background
of the Fourth Industrial Revolution is the deep integration of intelligence and networking
system (Li, G., Hou, Y., & Wu, A.,2017). This fourth industrial revolution is characterized
with wide application of the Cyber-Physical System in manufacturing environment. Therefore,
the term Fourth Industrial Revolution is often understood as the Cyber Physical Systems
(CPSs) (Drath and Horch, 2014; Mosterman and Zander, 2017). They are both enabling
technologies which create the integration of the virtuality and the reality (Jopp, 2013), a
network where intelligent objects communicate with each other. Even people used to discuss
IR 4.0 in the context of industrial production, the impact is greater as it covers society and most
aspects of life.

There are issues to be address here whether CPSs is guaranteed to be beneficial or can cause
great harm. For example, autonomous weapons are artificial intelligence systems that are
programmed to kill and operated just in finger click. In the hands of the wrong person, these
weapons could easily cause mass casualties. To avoid being thwarted by the enemy, these
weapons would be designed to be extremely difficult to simply “turn off,” so humans could
plausibly lose control of such a situation. It also happens to some other system of programming
which initial idea is for beneficial, but it can turn destructive method for achieving its. The
problem here if the goals is not aligned with human, it creates problem to human being as the
CPSs is good at achieving its goal but lack of humanity and another humans’ consideration.

Other issue to be address is the potential of Artificial Intelligence (AI) to be super intelligence
and become more intelligent than human. Artificial General Intelligence (AGI) or super

1
Muhammad Syukri Salleh in key note address “Integrating Humanity and Technology at Konferens
Antarabangsa Pengurusan Pembangunan Islam, Medan 22nd April 2019. In delivering topic of Good Governance
in Islamic Development Management, he addresses the issues of artificial intelligence, Industrial Revolution 4.0,
the end of globalisation and post normal times. In post normal times, it was awakening signal to discover we will
be living in the future of uncertainty, rapid change, realignment of power, upheavel and chaotic behaviour. The
ignorance period prevalence due to overlapping tomorrows known as extended present, familiar future and
unthought future. This also poses serious threat to the ‘aql (intellect).

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intelligence is the focus of AI’s research today. We are in control of this world because we are
the smartest. Our civilization will flourish if we win the race between the growing power of
technology and the wisdom with which we manage it.

5.0 PROTECTON OF ‘AQL IN THE ERA OF INDUSTRIAL REVOLUTION 4.0

The risk and benefit of AI started to attract many researchers in various field even the impact
could not be studied yet (Yudkowsky, E. ,2008). However, there were number of studies on the
impact of AI in manufacturing setting such as in lean production system (Wagner, T.,
Herrmann, C., & Thiede, S. ,2017). The most concern is the potential of the upcoming AI
becoming Artificial General Intelligence (AGI) or super intelligence (Tom Everitt, Gary Lea,
and Marcus Hutter ,2018; Antonov, A. A.,2011). In order to gain control of the upcoming AGI
and super intelligence technology of IR4.0, researchers begin to come out finding solution to
the suitable model, mechanism in form of safety plan and control. Therefore, as a finding to
this paper discussion on protection of ‘aql in the era of IR 4.0, writer in opinion that it should
be viewed in the parameter maslahah (benefit) and mafsadah (harm) of maqāṣid al-shari’ah.
Maslahah is to consider the benefit of AI and the mafsadah is to evaluate the harm/risk of AI
in term of protection of ‘aql.

In the scope of maslahah, the aspect to be emphasized is to produce the scientifically driven
society and top talent (Li, G., Hou, Y., & Wu, A.,2017). In the conducive environment of
Internet of things (IoT), individual and society can maximize their capability, creativity and
innovative mind. The mindset and attitude should be geared towards accelerating the super
intelligence technology and not to impede it. In history during the revolution of automated
machines, there were groups of labors who destroyed the textile machine because it had been
seen the cause of job lost. The mindset and attitude that incapable to understand the need to
change according to time can cause great lost to society. Our society is expected to come out
with innovation that is beneficial to mankind. Therefore, protection of ‘aql in this scope is by
imposing law to protect the intellectual property of individual and also society.

In the scope of mafsadah, AI as in automated weapon even efficiently able to achieve its target
and objective, the target and objective may not align with human objectives. This
‘misalignment’ identified to be major problem of AI. Misaligned goals between human and
super intelligence technology is treated as threat to technology (Tom Everitt, Gary Lea, and
Marcus Hutter (2018). By enhancing the skills and knowledge in physical, biological and
digital technology only, it does not serve the purpose of producing human with the ability to
control the misalignment. Eventhough the mastering of these skills could be achieved by
teaching Higher Order Thinking Skills (HOTS) which become the background policy in
producing scientifically driven society, the science of wisdom as in maqāṣid al-sharī’ah also
plays important aspects to be taken into consideration to be taught and practiced.

Government’s role in introducing policy and regulation will be vital in the IR 4.0. This also
can be achieved through the concept of hisbah which has four basic pillars; muhtasib
(implementer of hisbah), muhtasab ‘alayh (target of hisbah), muhtasab fih (the jurisdiction of
muhtasib) also ihtisab (the form of action) as the pillar or element in implementing hisbah
(Ibrahim, A.,2015).

Besides the teaching and practices of maqāṣid al-sharī’ah and hisbah, the need of having a
global perspective layout, worldview or strong tasawur is also importance because it serves as

6
main guide and principles to the new challenges imposed by IR 4.0. The understanding of how
universal work and global perform in the IR 4.0 environment can help in capturing an ideal
model of system to strive in the fierce competition of innovation ability and overall
performance.

The figure 5.1 below shows the gist of the discussion and findings between the major idea of
this paper:

Physical, Biology
& Digital
Technology
driver
Artifical
Intelligence Industrial
Revolution
4.0
Maslahah/Mafsadah
(Safety Plan & Control)
Maqāṣid al- =Tasawur (Global
Sharī'ah: perspective layout)+
Hisbah (Law & Policy)
Protection of 'Aql

Figure 5.1: The mechanism of protection of ‘aql in the era of IR4.0.

Figure 5.1 is the mechanism as a suggestion for protection of ‘aql in the era of IR4.0 dominated
by AI. As a symbol of great achievements in science, AI which becomes heart and beat in
physical, biological and digital driver must be balanced by the science of wisdom. In Islam this
could be achieved through maqāṣid al-sharī’ah and its wisdom of protection of ‘aql. Mental
purity is one of the objectives of Islam. Islam aims, among others, to free human mind from all
obstacles to iman (belief in Allah and the hidden reality) and to guide people on how to purify
and preserve the mind. Iman signifies peace, safety and calmness while kufr (rejection of Allah)
signifies restlessness (Sulaiman, K. U.,2017). Therefore, the ultimate objective (what is the
purpose) of AI should be put under reviewed and evaluated according to maqāṣid al-sharī’ah.

Since the complexity and capability of AI is difficult to be comprehended and predicted, it puts
human intelligence under serious challenges and threats as its tendency to cause the loss of
human rational capability. This loss of rational capability does not only lead to the suffering of
one individual but also to the society. As for safety plan and control, research on maslahah and
mafsadah of AI in the context of protection of ‘aql has been the main discussion of this paper.
This paper also found Tasawur and Hisbah as the mechanism to put everything back on track
to shape better future of IR4.0.

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6.0 CONCLUSION

The purity and the stability of ‘aql is critical to overall health, productivity and efficiency. The
inability to be in the state of control reflects instability of mind to its real sense. The discussion
of AI’s has triggered on the risk of being lost to its control and real sense. Hence, this paper
has reached its objective to conclude how it can be preserved in the era of IR 4.0. One cannot
lead an honourable life or live in peace and security without preserving his ‘aql(mind)
(Sulaiman, K. U.,2017). In Islam, the intellect or ‘‘aql is the means by which we know our
Lord and by use of which, a successful human society can be built. This is the ultimate objective
of ‘aql. Therefore, the ultimate objective of the creation of AI is vague and in big question
mark?

REFERENCES

Abdul Raheem Taofeeq Abolaji & Farah Salwani Muda Ismail. (2018). Maqāṣid al-Sharī’ah:
A Pathway for Protecting Children’s Right to Health. Jurnal Undang-undang &
Masyarakat (Journal of Law & Society), 22, 75-84.
Achene Lahsasna (2013). Maqȧșid al-sharī’ah in Islamic Finance. Kuala Lumpur. IBFIM
Al-Shatibi. (undated). Al-Muwafaqaat. Beirut: Dar al-Fikr
Antonov, A. A. (2011). Realisation of Human Super-Intelligence: Developmental Learning.
WSEAS Transactions on Advances in Engineering Education, 8(4), 109-119.
Auda, J. (2008). Maqasid al-Shariah: An introductory guide. Herndon: International Institute
of Islamic Thought (IIIT).
Bakar, O. (2011). The Place and Role of Maqāṣid al-Sharī'ah in the Ummah 21st Century
Civilisational Renewal. Islam and Civilisational Renewal (ICR), 2(2).
Bitesize Isam, Access from https://bitesizeislam.wordpress.com/2008/ 03/ 07/ ms093
protection of intellect-part- 2-of-2/.
Cambridge Dictionary (t.t). Accessed from
https://dictionary.cambridge.org/dictionary/english/doctrine
Drath R, Horch A, 2014. Industrie 4.0: Hit or hype? doi: 10.1109/MIE. 2014.2312079
Future of life (t.t). Accessed from https://futureoflife.org/background/benefits-risks-of-
artificial-intelligence/
Ibn al-Subki (2004). Al-Ibhaj. Beirut: Dar al-Kutub al-Ilmiyyah
Ibn Ashur (t.t). Maqasid Al-Shari’ah Al-Islamiyah p 183
Ibn Taymiyyah. (1994). Amar ma’ruf nahi mungkar. Kuala Lumpur: al-Ramadhan Publication.
Ibrahim, A. (2015). Asas-Asas Hisbah dalam Kitab al-Hisbah fi al-Islam: Kajian di Majlis
Perbandaran Kota Bharu Bandar Raya Islam (MPKB-BRI), Kelantan.
Unpublished.
Jabeen, Z., Bangash, R., & Hussain, S. W. (2018). A Survey measuring Hifzun Nafs in Maqȧșid
e Sharī’ah. Abasyn University Journal of Social Sciences.
Jopp K, 2013. Industry 4.0: The growing together of real and virtual worlds: The internet of
things drives the fourth industrial revolution. Stahl Und Elsen, 133(6): 86–88.
Kamali, M. H. (2011). Maqasid al-shari'ah and ijtihad as instruments of civilisational
renewal: A methodological perspective. Islam and Civilisational Renewal (ICR), 2(2).
Li, G., Hou, Y., & Wu, A. (2017). Fourth Industrial Revolution: Technological drivers,
impacts and coping methods. Chinese Geographical Science, 27(4), 626-637.
Mosterman P J, Zander J, 2017. Industry 4.0 as a cyber-physical system study. Software and
Systems Modeling, 15(1): 17–29. doi: 10.1007/s10270-015-0439-x

8
Oladapo, I. A., & Ab Rahman, A. (2017). Maqȧșid Sharī’ah: The Drive for An Inclusive
Human Development Policy. Jurnal Syariah, 24(2).
Sulaiman, K. U. (2017). An Islamic Perspective on The Protection Of The Mind And
Attainment Of Happiness. Proceeding–3rd Kuala Lumpur International Islamic
Studies and Civilisations. Feb, 25, 26.
Salleh, A. B. M., Noor, A. H. B. M., Bahrom, H. B., Ridzuan, A. R., & Zainol, N. F. B.
(2013). Establishing Human Well-Being Framework based on Maqasid Al-Shariah
Principles
Tom Everitt, Gary Lea, and Marcus Hutter (2018). “AGI Safety Literature Review”. In:
International Joint Conference on Artificial Intelligence (IJCAI). arXiv: 1805.01109.
Wagner, T., Herrmann, C., & Thiede, S. (2017). Industry 4.0 impacts on lean production
systems. Procedia CIRP, 63, 125-131.
Yasmin Hanani Mohd Safian (2013). An analysis on Islamic rules on drugs. International
Journal of Education and Research, 1, 1-16.
Yudkowsky, E. (2008). Artificial intelligence as a positive and negative factor in global risk.
Global catastrophic risks, 1(303), 184.