The Genesis of Legal Person in the Western Tradition: Its Concept, History and Development

Purpose — The objective of this paper is to study the conceptual and historical foundation of the legal person, known in contemporary Islamic law as al-shakhṣ al-iʿtibārī. The genesis of the legal person can be traced back to the Roman Law around 700 BC. Over time, it has undergone tremendous evolution, making significant contributions to the development of Western secularist-materialistic civilisation in particular, and humanity in general. Design/Methodology/Approach — This qualitative research employs conceptual and historical analysis of primary sources from early scholars in the study of legal personhood in the West. It includes a semantic analysis of the term ‘person’ and a comparative study of various theories that underpin the concept. Findings — The doctrine of legal personhood is a construct of legal science, developed by scholars, thinkers, practitioners, and academicians. It has undergone significant evolution, becoming a powerful tool in politics, law, commerce, and science, all underpinned by the Western-secular worldview. Islamic banking and finance must recognise this development and equip themselves with the right worldview of Islam to ensure that the concept of legal personhood is utilised ethically and in alignment with Islamic principles. Originality/Value — The novelty of this research lies in its rigorous analysis of the concept and history of the legal person. Given the promising nature of the Islamic banking and finance industry, it is crucial to understand the foundation of legal personhood and its potential contributions to the industry and society as a whole. Research Limitations/Implications — The appreciation of practitioners among regulators, bankers, the legal fraternity, and academicians for the conceptual and historical study is significant. They are typically trained to think using empirical methods, and this study offers a deeper, more nuanced understanding that can enrich their perspectives and practices. Practical Implications — The clarity of ideas regarding the foundational and original concept of the legal person significantly influences how the legal person should be conceived in Islam.