Islamic Law of the Sea, Freedom of Navigation and Passage Rights in Islamic Thought, download pdf

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Islamic Law of the Sea
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 territorial sea and its security premises, as
well as issues surrounding piracy and its legal implications as delineated
in Islamic law.
Hassan S. Khalilieh is a senior lecturer in the departments of Maritime
Civilizations and Multidisciplinary Studies and a senior research fellow
in the Leon Recanati Institute for Maritime Studies, Leon H. Charney
School of Marine Sciences at the University of Haifa. His publications
include Islamic Maritime Law: An Introduction (1998) and Admiralty
and Maritime Laws in the Mediterranean Sea (ca. 800–1050):
The Kitaˉb Akriyat al-Sufun and the Nomos Rhodion Nautikos (2006).

List of Maps page vi
Preface vii
Glossary of Non-English Terms xi
Transliteration Scheme xvii
Introduction 1
1 Freedom of the Seas 26
2 Offshore Sovereignty and the Territorial Sea 95
3 Piracy and Its Legal Implications 170
Conclusion 214
Bibliography 224
Index 270

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