Joint Stock
Another example very much close to the concept of ‘juridical person’ in a joint stock company is found in the Fiqh of Imam Shafi’i. According to a settled principle of Shafi’i School, if more than one person run their business in partner-ship, where their assets are mixed with each other, the zakah will be levied on each of them individually, but it will be payable on their joint-stock as a whole, so much so that even if one of them does not own the amount of the nisab, but the combined value of the total assets exceeds the prescribed limit of the nisab, zakah will be payable on the whole joint-stock including the share of the former, and thus the person whose share is less than the nisab shall also contribute to the levy in proportion to his ownership in the total assets, whereas he was not subject to the levy of zakah, had it been levied on each person in his individual capacity.
The same principle, which is called the principle of ‘Khultah-al- Shuyu’’ is more forcefully applied to the levy of Zakah on the livestock. Consequently, a person sometimes has to pay more Zakah than he was liable to in his individual capacity, and sometimes he has to pay less than that. That is why the Holy Prophet صلى الله عليه وسلم has said:
يجمع بين متفرق ولا يفرق بين مجتمع مخافة الصدقة
‘The separate assets should not be joined together nor the joint assets should be separated in order to reduce the amount of Zakah levied on them.
This principle of ‘Khultah-al-Shuyu’’ which is also accepted to some extent by the Maliki and Hanbali schools with some variance in details, has a basic concept of a juridical person underlying it. It is not the individual, according to this principle, who is liable to Zakah. It is the ‘joint-stock’ which has been made subject to the levy. It means that the ‘joint-stock’ has been treated a separate entity, and the obligation of ‘zakah has been diverted towards this entity which is very close to the concept of a ‘juridical person’, though it is not exactly the same.
