This descriptive-analytical research, based on library studies, examines the legal nature of performing "artistic and literary works" and the legal status of the performing artist in the light of the comparative legal approach of Islamic countries. In the light of these laws of these countries, it is analyzed whether "performing" is recognized as "creation" and whether the performing artist enjoys rights similar to those of the author or whether his rights revert to the author's rights as a subsidiary right. Although the performer also has material and moral rights like the author's rights, the specific moral rights that are for the performer are not the same as the author's rights, but are only a small part of the moral rights that belong to the creator of the work. The result is that it seems that in most Islamic countries (except for some countries such as Jordan), the right of the performer of artistic and literary works is a right of a special nature that, in the event of conflict with the rights of others, will not be subject to the "permanent rule of superiority of the author's rights over the performer" and is identified with the characteristics of being "inalienable, non-seizable, durable and non-transferable to heirs."