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The traditional Islamic jurists opinion is that the

principle of separate legal entity does not exist in Islam. It is for a very simple

fact that a company which is regarded as 'a person' is only a fictitious person and

only an imaginary person, as such, has no capacity to engage in any commercial transaction. However, some Islamic jurists like Mufti Taqi Usmani of Pakistan is of the opinion that in some cases the concept of separate legal entity is recognized in Islam. He gave instances of waqf and baitulmal.

Waqf is a legal and religious institution wherein a person dedicates some of his

properties for a religious or a charitable purpose. Baitulmal means public treasury.

The properties after being declared

as Waqf, no longer remain in the ownership of the donor. The beneficiaries of a

Waqf can benefit from the corpus or the proceeds of the dedicated property, but they

are not its owners.

Mufti Usmani says that it seems that the Muslim

jurists have treated the waqf' as a legal entity and have ascribed to it some characteristics similar to those of a natural person.

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