Islamic Law of the Sea
Freedom of Navigation and Passage Rights in Islamic Thought
£30.99
Part of Cambridge Studies in Islamic Civilization
- Author: Hassan S. Khalilieh, University of Haifa, Israel
- Date Published: September 2020
- availability: Available
- format: Paperback
- isbn: 9781108722391
£
30.99
Paperback
Other available formats:
Hardback, eBook
Looking for an inspection copy?
This title is not currently available on inspection
-
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.
Read more- Approaches the subject of Islamic international law from the maritime perspective
- Focusses on three legal themes: the territorial sea, the high seas, and maritime piracy
- Cites Qur'anic verses, prophetic traditions, and the 630 CE Treaty in the original Arabic
Reviews & endorsements
'… 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, Ilahiyat Studies
See more reviews'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, Bibliotheca Orientalis
Customer reviews
Not yet reviewed
Be the first to review
Review was not posted due to profanity
×Product details
- Date Published: September 2020
- format: Paperback
- isbn: 9781108722391
- length: 304 pages
- dimensions: 229 x 152 x 16 mm
- weight: 0.449kg
- contains: 2 maps
- availability: Available
Table of Contents
Introduction
1. Freedom of the seas
2. Offshore sovereignty and the territorial sea
3. Piracy and its legal implications
Conclusion.
Sorry, this resource is locked
Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org
Register Sign in» Proceed
You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.
Continue ×Are you sure you want to delete your account?
This cannot be undone.
Thank you for your feedback which will help us improve our service.
If you requested a response, we will make sure to get back to you shortly.
×