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Legal Personality in Islamic Law

Legal Personality in Islamic Law 193 LEGAL PERSONALITY IN ISLAMIC LAW Mahdi Zahraa* The existence of a right in abstract, i.e. without a person, is a definite legal impossibility. Every right must always relate to a person who is able, or presumed able, to enjoy it. Islamic jurists, therefore, defined the concept of legal personality as a starting point for the legal capacity theory. According to those jurists a person is an entity who is able to receive the spiritual and legal aspects of Shari'a. A person can either be a natural or juristic person. Natural personality is exclusively attributed to the qualities of human beings, whereas juristic personality is vested upon those entities which are recognised by law as possessing a legal personality. This article attempts to discuss both natural and juristic personality in order to highlight some of their grey areas. NATURAL PERSONALITY Natural personality corresponds to the living status of a human being and it, therefore, starts when it is born alive and ends upon its death. However, the exact beginning and end of the natural legal personality is a controversial issue. This is particularly important as it may concern a presumed legal ability given to a human being to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

Legal Personality in Islamic Law

Arab Law Quarterly , Volume 10 (3): 193 – Jan 1, 1995

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Publisher
Brill
Copyright
© 1995 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/157302595X00120
Publisher site
See Article on Publisher Site

Abstract

193 LEGAL PERSONALITY IN ISLAMIC LAW Mahdi Zahraa* The existence of a right in abstract, i.e. without a person, is a definite legal impossibility. Every right must always relate to a person who is able, or presumed able, to enjoy it. Islamic jurists, therefore, defined the concept of legal personality as a starting point for the legal capacity theory. According to those jurists a person is an entity who is able to receive the spiritual and legal aspects of Shari'a. A person can either be a natural or juristic person. Natural personality is exclusively attributed to the qualities of human beings, whereas juristic personality is vested upon those entities which are recognised by law as possessing a legal personality. This article attempts to discuss both natural and juristic personality in order to highlight some of their grey areas. NATURAL PERSONALITY Natural personality corresponds to the living status of a human being and it, therefore, starts when it is born alive and ends upon its death. However, the exact beginning and end of the natural legal personality is a controversial issue. This is particularly important as it may concern a presumed legal ability given to a human being to

Journal

Arab Law QuarterlyBrill

Published: Jan 1, 1995

There are no references for this article.