The Concept of Legal Personality: A Critical Study of Islamic Jurisprudential Debates and Modern Legal Developments

Abstract

The concept of legal personality is central to jurisprudence, determining who or what may hold rights and bear obligations. Modern legal systems extend personhood beyond individuals to corporations, states, international organizations and increasingly, non-human entities such as the environment and artificial intelligence. This paper critically examines Islamic jurisprudential debates on legal personhood and assesses their compatibility with contemporary developments. Classical Islamic law, while not employing the term ‘legal personality,’ developed functionally similar mechanisms through institutions such as waqf (endowment), agency (wakāla) and trusteeship, which ensured continuity and accountability for collective entities. Jurists differed over the ontological status of such bodies but largely embraced pragmatic solutions serving public interest (maṣlaḥah). In contrast, modern law formalizes corporate personhood, regulates state and transnational actors, and experiments with extending rights to natural and technological entities. This study argues that Islamic jurisprudence possesses flexible resources—anchored in maqāṣid al-sharī‘ah (objectives of law), to engage these developments without compromising its ethical foundations. However, challenges remain regarding accountability gaps in corporations, the moral status of artificial intelligence, and the theological limits of attributing rights to non-human entities. The paper concludes with proposals for doctrinal clarity, regulatory reforms, and constructive engagement between Islamic law and global legal discourse.