جدید مغربی ادارتی تشکیل اور شخص قانونی کا تصور: مذہبی استدلالات کا تجزیہ

Modern Western Institutionalization and the Concept of Legal Person: An analysis of Religious Aurgumentation

Abstract

The practical manifestations of modernity are fundamentally significant in its institutionization. After its ideological formation, modern Western civilization organized institutions for expansion. In the economic institutions of Western modernity, the corporation/company is a fundamental institution, while in the political spheres, State is the most basic institution. The capitalist system also penetrates economically through corporations, and the state clears the way for it through legal coercion. To protect the institutions of modernity and to safeguard the capitalist system, the concept of the "legal person" was established. Contemporary religious elites not only granted this concept religious legitimacy but also claimed to trace its roots back to the era of the Rightly Guided Caliphs, providing arguments from classical juristic texts for its presence. This paper examines the juristic arguments that have been made to justify the modern concept of the legal person as an Islamic concept.