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Book Cover
Author Khalilieh, Hassan Salih, 1965- author

Title Islamic law of the sea : freedom of navigation and passage rights in Islamic thought / Hassan S. Khalilieh, University of Haifa, Israel
Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2019
Online access available from:
ProQuest Ebook Central    View Resource Record  


Description 1 online resource (xvii, 283 pages)
Series Cambridge studies in Islamic civilization
Cambridge studies in Islamic civilization
Contents Machine generated contents note: Introduction; 1. Freedom of the Seas; 2. Offshore Sovereignty and the Territorial Sea; 3. Piracy and Its Legal Implications; Conclusion
Summary "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"-- Provided by publisher
"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"-- Provided by publisher
Notes Based on the author's thesis (J.S.D.--Saint Thomas University (Miami, Fla.). School of Law, 2014)
Bibliography Includes bibliographical references and index
Notes Description based on online resource; title from digital title page (viewed on May 02, 2019)
Subject Freedom of the seas
Law -- Europe -- Islamic influences
Maritime law (Islamic law)
Freedom of the seas.
LAW / International
Law -- Islamic influences.
Maritime law (Islamic law)
Form Electronic book
ISBN 1108625266