Skip to main content Accessibility help
×

Maintenance update

Due to planned maintenance, between 07:00 - 16:00 (UTC) purchasing will not be available. We apologise for any inconvenience.

  1. Home
  2. Books
  3. Islamic Law of the Sea
  • Cited by 24
      • Show more authors
      • You may already have access via personal or institutional login
    • Select format
    • Publisher:
      Cambridge University Press
      Publication date:
      22 April 2019
      02 May 2019
      ISBN:
      9781108630702
      9781108481458
      9781108722391
      DOI:
      https://doi.org/10.1017/9781108630702
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.55kg, 304 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.449kg, 306 Pages
      • Series:
      Cambridge Studies in Islamic Civilization
      Subjects:
      Middle East Studies, Legal History, Islam, Area Studies, Law, History, Middle East History
    You may already have access via personal or institutional login
    • Selected: Digital
    Add to cart View cart Buy from Cambridge.org
    Series:
    Cambridge Studies in Islamic Civilization
    Subjects:
    Middle East Studies, Legal History, Islam, Area Studies, Law, History, Middle East History
    Information

    Book description

    The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law.

    Reviews

    ‘… the book provides a comprehensive account of the Islamic legal approach to the law of the sea from a historical perspective that aptly reveals a different civilizational narrative existing beyond Eurocentric scholarship in international law. Hence, this book is likely to become classic reading on the subject of the law of the sea and international law.’

    Punsara Amarasinghe Source: Ilahiyat Studies

    'Over the past two decades, Hassan Khalilieh has almost single-handedly revolutionized our knowledge of the Islamic contributions to the law of the sea. In this work, he embarks on what is effectively a genealogical study that shows how the Dutch Grotius and later European jurists have largely replicated, without acknowledgement, the Islamic practices and doctrines pertaining to free navigation in response to the earlier Spanish and Portuguese violent domination of the Indian Ocean. Khalilieh’s meticulous and impressive work is a must-read, not only for those who are interested in Maritime law and trade, but also for historians and analysts of the rise of modernity at large, where the allegedly new freedom of navigation, central to the modern project, was to be transformed in due course into yet another tool in the unprecedented forms of European colonialism.'

    Wael Hallaq - Avalon Foundation Professor in the Humanities, Columbia University

    'This is an extraordinarily wide-ranging account not of Islamic maritime law (on which Khalilieh has already established himself as a leading expert) but of the Islamic law of the sea, well before Grotius wrote his tract on the Free Sea; the book ranges as far east as Melaka and China and as far west as the Mediterranean - a tour de force.'

    David Abulafia - Emeritus Professor of Mediterranean History, University of Cambridge

    'This is a masterful exposition of Islamic Law of the Sea, which makes an important contribution to the discourse on the universal application of modern International Law of the Sea generally. Highly recommended.'

    Mashood A. Baderin - Professor of Laws, SOAS University of London

    ‘This slim but richly detailed analysis of the customary and formal Islamic law of the sea fills a major gap in the literature.’

    D. M. Varisco Source: Bibliotheca Orientalis

    Refine List

    Actions for selected content:

    Select all | Deselect all
    • View selected items
    • Export citations
    • Download PDF (zip)
    • Save to Kindle
    • Save to Dropbox
    • Save to Google Drive

    Save Search

    You can save your searches here and later view and run them again in "My saved searches".

    Please provide a title, maximum of 40 characters.
    Cancel
    ×

    Contents

    Contents

    Metrics

    Altmetric attention score

    Full text views

    Total number of HTML views: 0
    Total number of PDF views: 0 *
    Loading metrics...

    Book summary page views

    Total views: 0 *
    Loading metrics...

    * Views captured on Cambridge Core between #date#. This data will be updated every 24 hours.

    Usage data cannot currently be displayed.

    Accessibility standard: Unknown

    Why this information is here

    This section outlines the accessibility features of this content - including support for screen readers, full keyboard navigation and high-contrast display options. This may not be relevant for you.

    Accessibility Information

    Accessibility compliance for the HTML of this book is currently unknown and may be updated in the future.