Ph.D. Candidate in private law at Tarbiat Modares University, Tehran-Iran.
10.22034/ls.2024.100527.1028
Abstract
Recent changes and transformations in human societies have led to the emergence of various concepts. Legal personality is one of the most important concepts, which is widely present in today's social life. Following the existence of legal personality, discussions about its ability for property ownership, Acceptance obligations, and compensatory damages have been raised among Muslim jurists and legal scholars. If no evidence is found for the validity of legal personality, it will be deemed invalid, resulting in significant ambiguity in the social and economic interactions of many institutions. previous jurists does not have any clear discourse on the issue of the legal personality, but in contemporary times, a jurisprudential examination of this concept is important. Therefore, this research, through a qualitative approach and library method, will explore the legitimacy of legal personality. The findings indicate a dichotomous view of the issues surrounding the concept of legal personality. Based on the analysis of the said discourse, it is found that such a concept has long existed and is embedded in Islamic law.