حوكمة شركات المساهمة ودورها في مجلس الإدارة في القانون البحريني والشريعة الإسلامية

Abstract

This study examines the provisions of Bahraini Law regarding the governance of Public Joint Stock Companies and the extent to which its provisions are found to be in accordance with the principles of Islamic Law. The researcher used the induction methodologyto trace all the related laws and ideas of researchers. Then, he analyzed the context of regulatory framework for the governance of Public Joint Stock Companies in Bahrain. The researcher also used the comparative methodology to highlight the importance of governance of Public Joint Stock Companies from Islamic Law and Civil Law perspectives. The researcher defined the concepts of Joint Stock Companies and its governance. Then, he shed lights on the structure of the provisions of Board of Directors and its meetings based on governance rules. He also discussed the duties, powers and liabilities of Directors. The researcher presented as well the mechanisms of internal and external supervision on the Board of Directors. The study showed that the regulatory framework for company governance is insufficient and incomprehensive. The study also found that even with the absence of the term for company governance in Islamic Law, Shari’ah scholars have clearly referred to it. Lastly, the researcher mentioned many ideas that can explain the governance of Public Joint Stock Companies and suggested a number of recommendations that may contribute to the enactment of laws in a more accurate manner.