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Author: Hassan Salih Khalilieh
Publisher: BRILL
Published: 1998
Total Pages: 240
ISBN-13: 9789004109551
DOWNLOAD EBOOKThis 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: Hassan S. Khalilieh
Publisher: Cambridge University Press
Published: 2019-05-02
Total Pages: 305
ISBN-13: 1108481450
DOWNLOAD EBOOKThis pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.
Author: Emilia Justyna Powell
Publisher: Oxford University Press, USA
Published: 2019
Total Pages: 329
ISBN-13: 0190064633
DOWNLOAD EBOOK"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: Joshua M. White
Publisher: Stanford University Press
Published: 2017-11-28
Total Pages: 505
ISBN-13: 150360392X
DOWNLOAD EBOOKThe 1570s marked the beginning of an age of pervasive piracy in the Mediterranean that persisted into the eighteenth century. Nowhere was more inviting to pirates than the Ottoman-dominated eastern Mediterranean. In this bustling maritime ecosystem, weak imperial defenses and permissive politics made piracy possible, while robust trade made it profitable. By 1700, the limits of the Ottoman Mediterranean were defined not by Ottoman territorial sovereignty or naval supremacy, but by the reach of imperial law, which had been indelibly shaped by the challenge of piracy. Piracy and Law in the Ottoman Mediterranean is the first book to examine Mediterranean piracy from the Ottoman perspective, focusing on the administrators and diplomats, jurists and victims who had to contend most with maritime violence. Pirates churned up a sea of paper in their wake: letters, petitions, court documents, legal opinions, ambassadorial reports, travel accounts, captivity narratives, and vast numbers of decrees attest to their impact on lives and livelihoods. Joshua M. White plumbs the depths of these uncharted, frequently uncatalogued waters, revealing how piracy shaped both the Ottoman legal space and the contours of the Mediterranean world.
Author: Sebastian R. Prange
Publisher: Cambridge University Press
Published: 2018-05-03
Total Pages: 362
ISBN-13: 1108342698
DOWNLOAD EBOOKBetween 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: Mashood A. Baderin
Publisher: Oxford University Press, USA
Published: 2021
Total Pages: 177
ISBN-13: 0199665591
DOWNLOAD EBOOKIslamic 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: Dionisius A. Agius
Publisher: BRILL
Published: 2008
Total Pages: 530
ISBN-13: 9004158634
DOWNLOAD EBOOKDrawing upon Arabic literary sources, iconographic evidence and archaeological finds, this book examines trade, port towns, ship construction, seamanship, ship typology and their historical development in the Western Indian Ocean, focussing on the Medieval Islamic period but including earlier sources.
Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
Published: 2006
Total Pages: 334
ISBN-13: 1584776951
DOWNLOAD EBOOKKhadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Author: Clive H. Schofield
Publisher: Martinus Nijhoff Publishers
Published: 2013-11-28
Total Pages: 812
ISBN-13: 9004262598
DOWNLOAD EBOOKThe Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.
Author: Markus D Dubber
Publisher: OUP Oxford
Published: 2014-11-27
Total Pages: 1294
ISBN-13: 0191654604
DOWNLOAD EBOOKThe Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
