the historical evolution of commercial frameworks, from contractual arrangements to the corporations

mudaraba is an old method of finance and trade. comparative historical studies show that mudaraba and a very similar european institution that appeared in 12th century first in italy and then in all europe i.e. commenda, had a very important role in the history of trade; specially in maritime trade of middle ages. from 16th century it strted to lose gradually its importance and then replaced by corporation in western trade, while at the same time there was no sign of such developement in middle east and islamic world. in this essay, we discuss the origin of mudaraba, its importance in the history of trade, and the causes of its appearance and come down, understanding that the non-recognition of legal personality was the major obstacle of islamic law to establish corporations.