Corporate Personality in Fiqh (Islamic Law)
15 Pages Posted: 6 Oct 2022
Date Written: October 4, 2022
Abstract
The chapter on “Corporate Personality and Fiqh,” presented here, is part of a study undertaken during a fellowship at the Islamic Legal Studies Program, Harvard Law School in 1996. The study was published as a book under the title Islamic Law of Business Organization: Corporations in 1998. The text analyzed the issue of recognition of legal personality from the perspective of uṣūl al-fiqh as well as fiqh. The discussion in fiqh is now presented here. A major reason for presenting the discussion here is that many writers are still not clear about the position taken by Islamic law on the issue or that they do not appreciate the underlying reasons. By this we do not mean agreeing with the position taken here. What is required is agreeing or disagreeing with arguments.
One example not mentioned here is the “case of the disobedient slave.” The reader may refer to the main book of which this chapter is part.
Keywords: legal personality, corporations, Islamic law
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