Islamic Law Of The Sea
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Author | : Hassan S. Khalilieh |
Publisher | : Cambridge University Press |
Total Pages | : 305 |
Release | : 2019-05-02 |
Genre | : History |
ISBN | : 1108481450 |
This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.
Author | : Hassan Salih Khalilieh |
Publisher | : BRILL |
Total Pages | : 240 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9789004109551 |
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.
Author | : Emilia Justyna Powell |
Publisher | : Oxford University Press, USA |
Total Pages | : 329 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190064633 |
"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"--
Author | : Shaheen Sardar Ali |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2016-10-06 |
Genre | : Law |
ISBN | : 1107033381 |
This book offers unique insights into Islamic law, considering its theoretical perspectives alongside its practical application in daily Muslim life.
Author | : Fahad Ahmad Bishara |
Publisher | : Cambridge University Press |
Total Pages | : 291 |
Release | : 2017-03-10 |
Genre | : Business & Economics |
ISBN | : 1107155657 |
An innovative legal history of economic life in the Western Indian Ocean, charting the emergence of a trans-oceanic contractual culture.
Author | : Mashood A. Baderin |
Publisher | : Oxford University Press, USA |
Total Pages | : 177 |
Release | : 2021 |
Genre | : Islamic law |
ISBN | : 0199665591 |
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Author | : Sebastian R. Prange |
Publisher | : Cambridge University Press |
Total Pages | : 362 |
Release | : 2018-05-03 |
Genre | : History |
ISBN | : 1108342698 |
Between the twelfth and sixteenth centuries, a distinct form of Islamic thought and practice developed among Muslim trading communities of the Indian Ocean. Sebastian R. Prange argues that this 'Monsoon Islam' was shaped by merchants not sultans, forged by commercial imperatives rather than in battle, and defined by the reality of Muslims living within non-Muslim societies. Focusing on India's Malabar Coast, the much-fabled 'land of pepper', Prange provides a case study of how Monsoon Islam developed in response to concrete economic, socio-religious, and political challenges. Because communities of Muslim merchants across the Indian Ocean were part of shared commercial, scholarly, and political networks, developments on the Malabar Coast illustrate a broader, trans-oceanic history of the evolution of Islam across monsoon Asia. This history is told through four spaces that are examined in their physical manifestations as well as symbolic meanings: the Port, the Mosque, the Palace, and the Sea.
Author | : Clive R. Symmons |
Publisher | : BRILL |
Total Pages | : 471 |
Release | : 2019-03-27 |
Genre | : Law |
ISBN | : 9004377026 |
The issue of historic rights and historic waters has long been a problematic area in the law of the sea where even basic definitions have been vague and interchangeably used in the past. The first edition of this book was entitled Historic Waters in the Law of the Sea: A Modern Re-Appraisal, and concentrated, as the title implies, on the doctrine of historic waters. The title of this expanded new edition has been broadened to take account of the important clarifications as to the doctrine of historic maritime claims generally—particularly 'historic rights' in the narrow sense which fall short of sovereignty claims. These latter rights—such as they now are—are discussed in depth in the new text. This development has come about, of course, because of the Award of the Arbitral Tribunal in Philippines v. China in 2016. This decision has, for the first time in a judicial setting, rationalised the terminology in this area of the law of the sea; and, most importantly, has clarified the close interaction of historic rights with the Law of the Sea Convention. This new edition discusses the latter issue passim, showing that much of the former customary law doctrine has now been overridden by the Convention.
Author | : James K. Sebenius |
Publisher | : Harvard University Press |
Total Pages | : 276 |
Release | : 1984 |
Genre | : Business & Economics |
ISBN | : 9780674606869 |
The Law of the Sea (LOS) treaty resulted from some of the most complicated multilateral negotiations ever conducted. Difficult bargaining produced a remarkably sophisticated agreement on the financial aspects of deep ocean mining and on the financing of a new international mining entity. This book analyzes those negotiations along with the abrupt U.S. rejection of their results. Building from this episode, it derives important and subtle general rules and propositions for reaching superior, sustainable agreements in complex bargaining situations. James Sebenius shows how agreements were possible among the parties because and not in spite of differences in their values, expectations, and attitudes toward time and risk. He shows how linking separately intractable issues can generate a zone of possible agreement. He analyzes the extensive role of a computer model in the LOS talks. Finally, he argues that in many negotiations neither the issues nor the parties are fixed and develops analytic techniques that predict how the addition or deletion of either issues or parties may affect the process of reaching agreement.
Author | : Intisar A. Rabb |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2015 |
Genre | : History |
ISBN | : 1107080991 |
This book considers the rarely studied but pervasive concepts of doubt that medieval Muslim jurists used to resolve problematic criminal cases.