‘Public order'
(النظام
العام) is a vital concept that
continues to impact societies and legal systems worldwide. Yet
quite often, the legislature and judiciary both refrain from
defining this concept, which may be quite arcane to those
unfamiliar with the legal world. It is widely believed that
defining ‘public order' is both a difficult and futile
exercise due to its flexibility and context dependency.
Nonetheless, the concept serves as a cornerstone for all
jurisdictions, and it carries significant implications for
contracting parties whether they share a commercial or
non-commercial relationship.
In the interests of clarity, this article adopts the following
understanding of the concept: the ‘public order' may be
conceived as a group of values, principles, ideals and interests
shared by a society of a political, social, economic, and moral
nature which set parameters for legal acts and individual conduct
generally. It may also be understood in a more legal sense
