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NOTE ON THE NEW COMMERCIAL CODE OF BAHRAIN (DECREE LAW 7/1987)* In order to appreciate the essential background to this new Code, it is perhaps useful to quote from the article which I wrote for the first issue of this Quarterly': Bahrain We recall the provisions of the Bahrain Constitution prescribing the Shari'a as a principal source of law. Against that ever-present backdrop, we record that Bahrain has as yet little legislation on the civil model and no Civil Code as such and we therefore find that the sources of law are still prescribed in the Judicature Law of 1971. That Law provides: in the event the judge finds no provision of law capable of application, he shall deduce the basis of his judgment from the principles of the Shari'a and the provisions thereof, and in the absence of any such provision, Custom shall be applied. A particular Custom shall be preferred to a general Custom, and in the absence of Custom the tenets of natural law or the principles of equity and good conscience shall be applied. Thus, in the event of a lacuna in enacted legislation, the judge is expressly directed firstly to the principles of
Arab Law Quarterly – Brill
Published: Jan 1, 1987
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