To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Chapter 3 deals with piracy and its legal, financial, and social implications; the discussion revolves around the factors fostering piracy and the methods employed to combat and reduce sea robbery, punishment, and the socioeconomic and cultural impacts of piracy on humankind. Designating pirates as common enemies of all mankind, jurists urged their fellow Muslims to exercise no tolerance toward their actions and commended combating piracy as even more meritorious than fighting in the Cause of God (jihad). A pirate taking part in jihad would not mitigate his divine punishments or abrogate his victim’s rights.
Chapter 2 analyzes the Islamic concept of the territorial sea, its seaward breadth, and the state’s sovereignty over offshore zones adjoining the coastal frontiers, with an emphasis on the exclusive jurisdiction over that part of the Red Sea stretching along the coast of the Hijaz. The chapter describes the regime of passage through international straits, which as in the past plays a vital role today in global trade networks; in addition, the chapter investigates the judicial system in Islam and expounds the reasons why the Qur’ān and judicial authorities favor legal pluralism as opposed to a single unified legal system, and the way that the legal theory has been translated into practice.
Chapter 1 treats the commonality of the sea in the Qurʾān, the genesis of the freedom of navigation, and the immunity of civilian subjects of the Abode of Islam, neutral countries, the Abode of Covenant, and the Abode of War on land and at sea. In addition, it examines the flag state’s jurisdiction over national ships, their contents, crew, and passengers.
Congruent with contributions of Muslims to the art of navigation and nautical science, jurists, scholars, siyar authors, pilots, seafarers, central and provincial ruling authorities, and, above all, merchants engaged in regional and overseas trade activities have also left indelible imprints on the development and formation of the customary law of the sea.
The book’s primary purpose is to highlight the Islamic legal doctrine regarding freedom of the seas and its implementation in practice, and to divulge how the rights of individuals are protected within and beyond the maritime boundaries and territorial jurisdiction of the state. The second objective is to prove that many of the fundamental principles of the premodern international law governing the legal status of the high seas and the territorial sea originated in the Mediterranean world, though they are not a necessarily European creation. The fading away of the Byzantine maritime hegemony, the Islamic military expansions on the eastern, southern, and western shores of the Mediterranean, and the Christian–Islamic naval rivalries over the Mediterranean Sea, particularly from the second half of the eleventh century CE onwards, undoubtedly gave rise to the introduction of unprecedented legal norms and rules governing the law of the sea, which subsequently prevailed across the world's oceans and seas.
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.
Islamic polities of the classical period recognized the importance of seaweeds in their daily life. Their men of science, craftsmen, and navigators used them for medicinal purposes, manufacturing, and navigation. The agar components were used in treating pathological conditions such jaundice, spleen, kidney and skin ailments, and malignancies. As food, we stress that our conclusions derive from Qur'ān-based commentaries and Muslim religious law that encouraged seafaring and exploiting the resources of the sea. Concerning navigation, sailors could identify coastal trunk routes, shallows, and various marine phenomena; shipwrights used agar compounds as a protective coating against the Greek Fire. Like their Greco-Roman counterparts, Muslim physicians, chemists, botanists, and professional sailors of this period were acquainted with numerous species of seaweeds and could appreciate the actual scientific importance of each type as well as the aquatic environment where these species lived and developed. Their scholarly literature consists of several generic Arabic and Arabicized terms to denote seaweeds and the terms variations appeared to be physical rather than linguistic.
Email your librarian or administrator to recommend adding this to your organisation's collection.