Introduction; 1. Freedom of the seas; 2. Offshore sovereignty and the territorial sea; 3. Piracy and its legal implications; Conclusion.
This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.
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, Israel. His publications include Islamic Maritime Law: An Introduction (1998) and Admiralty and Maritime Laws in the Mediterranean Sea (ca.800–1050): The Kitāb Akriyat al-Sufun and the Nomos Rhodion Nautikos (2006).
'… 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
'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
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