Islamic Maritime Law

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.

This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

This work sheds light on the evolution of maritime law in the Mediterranean Sea between 800 and the 1050s, a period in maritime legal history whose gaps contemporary scholars have not attempted to bridge. It may allow scholars a better appreciation of the contribution which Islamic jurisprudence made to the development and internationalization of the law of the sea.

The past ten years have seen rapid growth in the economic and maritime importance of the Arabian GCC states and an equally rapid modernisation of their domestic laws. Nevertheless, much of the maritime law and procedure in the region remains unknown or misunderstood both outside and even inside the region. Since the region is likely to remain significant in terms of maritime commerce, a better understanding of the law and regulations is required. The Maritime Laws of Arabian Gulf Cooperation States is intended as a guide not only for lawyers concerned with maritime law in the Gulf region, but also for all sectors of the shipping community with an involvement in the region. After a brief description of the historical maritime and legal background, Volume I discusses in detail the operation and application of GCC maritime law. The major areas are analysed and placed in the context of the accepted regime of international maritime law. The author finally draws some important general conclusions and looks to the future of maritime law in the Gulf - including the movement for the unification of the laws of the GCC. Volume II of the work contains translations of the major GCC maritime legislation as well as tables of International Conventions that have been ratified by the GCC States.

This book explores the ways in which Muslim communities across the Indian Ocean world produced and shaped Islamic law and its texts, ideas and practices in their local, regional, imperial, national and transregional contexts. With a focus on the production and transmission of Islamic law in the Indian Ocean, the chapters in this book draw from and add to recent discourses on the legal histories and anthropologies of the Indian Ocean rim as well as to the conversations on global Islamic circulations. By doing so, this book argues for the importance of Islamic legal thoughts and practices of the so-called "peripheries" to the core and kernel of Islamic traditions and the urgency of addressing their long-existing role in the making of the historical and human experience of the religion. Islamic law was and is not merely brought to, but also produced in the Indian Ocean world through constant and critical engagements. The book takes a long-term and transregional perspective for a better understanding of the ways in which the oceanic Muslims have historically developed their religious, juridical and intellectual traditions and continue to shape their lives within the frameworks of their religion. Transregional and transdisciplinary in its approach, this book will be of interest to scholars of Islamic Studies, Indian Ocean Studies, Legal History and Legal Anthropology, Area Studies of South and Southeast Asia and East Africa.

The past ten years have seen rapid growth in the economic and maritime importance of the Arabian GCC states and an equally rapid modernisation of their domestic laws. Nevertheless, much of the maritime law and procedure in the region remains unknows or misunderstood both outside and even inside the region. Since the region is likely to remain significant in terms of maritime commerce, a better understanding of the law and regulations is required. The Maritime Laws of Arabian Gulf Cooperation States is intended as a guide not only for lawyers concerned with maritime law in the Gulf region, but also for all sectors of the shipping community with an involvement in the region. After a brief description of the historical maritime and legal background, Volume I discusses in detail the operation and application of GCC maritime law. The major areas are analysed and placed in the context of the accepted regime of international maritime law. The author finally draws some important general conclusions and looks to the future of maritime law in the Gulf - including the movement for the unification of the laws of the GCC. Volume II of the work contains translations of the major GCC maritime legislation as well as tables if International Conventions that have been ratified by the GCC States.

"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--