Page 269 - Records of Bahrain (5) (i)_Neat
P. 269

Background and claim to Hawar islands, 1936-1942    257
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         were drown up on the beach near tho northern village during
         my vieit thoro last wook ond thoy ore admittedly registered
          in Bahrain, •'.ere tho Dmvooir purely temporary visitors to
          tho island, with their permanent habitations in Zellaq, their
         pearling boats would not bo beached in Hawar* Nor indeed
         would there evon be fishermen there at the present time, since
          fishing in the surrounding waters is suffer in.* fruw j *3 sea­

          sonal decline.
            10. In their preliminary otatemont (document No* 3) the
         Dohrain Government state that the permanent fish traps at
         Hawar aro registered in tho Land Department of the Bahrain
          Government. This is not strictly accurate, since those traps

          have boen under dioputo for tho past three years between mem-
         boro of the Hawar Dowasir, and cloarly registration cannot be
          offected until their dispute is settled. Nevertheless it is
          true that the dispute itself is boforo the Bahrain Ounni Shara
          Court and I have myoelf seen part of the record* The mere
          fact that tho claimants to these traps, which have unquestion­

          ably been in existence for several years, should refer their
         dispute to the Bahrain Government is of importance in indicat­
          ing the oxorciae of Jurisdiction by the Shaikh of Bahrain.
          Further and more important evidenoe of the exercise of Juris­
         diction by the Shaikh of Bahrain for years past is provided

          in the two Judgments forwarded with the Bahrain counter-claim.
         Those two Judgments, doting from some thirty years Ggo, are
          of unquestionable authenticity and both of them relate to dis­
         putes in regard to ownership of "land and sea properties" in
          Hawar* The Shaikh of Qatar in paragraph 11 of his rejoinder

          socks to show that those two Judgments are of no evidentiary
         valuo slnoe it is, he claims, common for Qadhis of one Moslem
          country to settle disputes between the subjects of another
         Moslem country* This statement is of course true up to a
          point in "personal" cases, but the Shaikh of Qatar would be
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