نوع مقاله : مقاله پژوهشی
طلبه سطح سوم، حوزه علمیه قم، کارشناس ارشد فقه و مبانی حقوق، دانشگاه علامه طباطبایی، تهران، ایران
عنوان مقاله [English]
Following the change of societies, legal concepts are also evolving. The developments of human societies in the last two centuries have caused the reliance on individual powers and decisions to disappear from human life and the organized institutions and processes called legal entities to form the political and economic foundations of societies. Following the existence of a legal entity, there was a debate among Muslim jurists and jurists about its ability to own property, engage in liability, compensate, and apply criminal penalties. If no evidence is found for the validity of the legal personality, according to the first principle, it will be doomed to invalidity and, consequently, the social and economic interactions of many institutions will be seriously ambiguous. Therefore, it is important to discover the appropriate religious arguments in this regard. Therefore, it is appropriate to use descriptive-analytical methods, such as the construction of rational people, generalities and applications, non-compliance with religious prohibitions, the discoverer of the correctness of rational affairs, the relationship of rational people to various matters of property investigate the abuse of individual rights in order to correct the legal personality in Sharia. The results indicate that although some of these methods alone may not, in the view of some, be a way to prove the absolute legitimacy of legal personality, they are effective in correcting legal personality as a whole. At the same time, the concentration of suspicion resulting from the sum of these methods will follow the religious validity, including legal personality.