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This volume examines Islamic maritime law and practice of Muslim mariners during the classical period using Fatwa and Geniza sources. Maritime terminology, interrelationships of mariners, maritime commercial and military laws, territorial waters and the performance of Islamic religious duties at sea in the period are discussed.
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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.
Freedom of the seas. --- Law --- Maritime law (Islamic law) --- Islamic law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Freedom of the seas --- Mare liberum --- Open seas (Law) --- Sea, Freedom of the --- Seas, Freedom of the --- Law of the sea --- Mare clausum --- Islamic influences. --- Law and legislation
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"Right of access to the sea has preoccupied ruling authorities and jurisconsults from the dawn of ancient civilization to the present day. The scant legal evidence reaching us from the biblical and ensuing periods suggests that nations bordering the sea - such as those of the Egyptians, Phoenicians, Minoans, Hittites, Philistines, and Assyrians - codified laws regulating navigation in adjacent waters, on rivers, and on the high seas, in addition to establishing regulations pertaining to fishing and access to ports. Despite their military supremacy on land and at sea, ancient Near Eastern empires neither claimed legal dominion over the high seas, in full or in part, nor denied other nations access to them. Dominion over the sea held a symbolic rather than a formal legal standing; it was de facto rather than de jure sovereignty. However, access of foreign vessels and merchants to internal waters was restricted, falling under the exclusive sovereignty of coastal states"-- "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 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 territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law"--
Freedom of the seas. --- Law --- Maritime law (Islamic law). --- Islamic influences --- 347.79 --- 297 --- 953 --- Freedom of the seas --- Maritime law (Islamic law) --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Mare liberum --- Open seas (Law) --- Sea, Freedom of the --- Seas, Freedom of the --- Law of the sea --- Mare clausum --- 953 Geschiedenis van het Arabisch schiereiland en de Islamitische wereld --- Geschiedenis van het Arabisch schiereiland en de Islamitische wereld --- 297 Islamisme. Mahométisme --- 297 Islam. Mohammedanisme --- Islamisme. Mahométisme --- Islam. Mohammedanisme --- 347.79 Zeerecht--(volkenrechtelijk z {341.225}; verkeer te water z.o.{656.6}) --- Zeerecht--(volkenrechtelijk z {341.225}; verkeer te water z.o.{656.6}) --- Islamic law --- Law and legislation --- 297 Islam --- Islam --- History of the law --- anno 600-699 --- anno 800-1199 --- anno 700-799 --- anno 1200-1499
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This is a comparative study dealing with the maritime practices which prevailed in the Byzantine and Islamic worlds around the Mediterranean from 7-10 centuries C.E. and consists of seven chapters. The first chapter describes the physical and legal significance of the ship, computation of capacity, and the importance of naming commercial vessels. Chapter Two examines issues of ownership and possession of a vessel, the employment conditions of the crew, and the passengers' status on board ship. Carriage of cargo by sea and forms of contracts, liability of the lessor, shipping fees, and breach of contract are covered in Chapter Three. Jettison, average, and contribution are treated in Chapter Four. Chapter Five treats the laws of collision and the rules governing the salvage of jetsam, are surveyed in Chapter Six. The final chapter explains the legal differences between Byzantine and Islamic mercantile law and outlines the principles of the sea loan, chreokoinonia , and qirad.
Law, Medieval --- Maritime law (Islamic law) --- Maritime law (Roman law) --- Maritime law --- Law, Maritime --- Marine law --- Merchant marine --- Merchant ships --- Navigation --- Navigation laws --- Shipping --- International law --- Commercial law --- Law of the sea --- Roman law --- Islamic law --- Medieval law --- History --- Law and legislation --- Kitāb Akriyat al-Sufun wa-al-Nizāʻ bayna Ahlihā. --- Rhodian sea-law. --- Treatise concerning the leasing of ships and claims between contracting parties --- Nomos Rodiōn nautikos --- Lex Rhodia --- Law, Medieval. --- Droit maritime --- Droit maritime (droit islamique) --- Droit maritime (droit romain) --- Droit médiéval --- Histoire --- Jusqu'à 1500 --- Grèce --- Rhodes (Grèce ; île) --- Kitab Akriyat al-Sufun wa-al-Niza bayna Ahliha.
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