Islamic Maritime Law: An Introduction.

• Author: HALLAQ, WAEL B.
• Position: Review

Islamic Maritime Law: An Introduction By HASSAN S. KHALILIEH. Leiden: E. J. BRILL, 1998. Pp. xxi + 202, bibliography, glossary, index. HFl, 116. $68.

To say that the maritime world of Islam has received little scholarly attention is certainly an understatement. Even more deplorable is the state of scholarly research in the more specialized area of Islamic maritime law. Klialilieh's monograph, therefore, is highly welcome. Of the seven chapters constituting the book, the first two arc devoted to issues largely of a nonlegal nature. In chapter one, the author deals with ship's terminology, capacity, seaworthiness, safety, and the names of vessels, In chapter two, an interesting account is given of shipowners, the make-up of crew, and the rights and duties of passengers.

Chapter three, alone constituting nearly one-third of the book, offers a stimulating discussion of maritime commercial law, with a focus on such issues as the construction and breach of snip-leasing contracts transportation of goods taxes piracy laws of jettison and General Average, ship collision, and the salvaging of goods. In contrast, chapter four, devoted to military maritime law, is a rather condensed treatment of the laws and practices of naval warfare, the division of spoils, and enemy trade with Muslim territories. The next two chapters, five and six, deal with territorial waters, international maritime adjudication, and penal law at sea. Finally, the seventh chapter offers a survey of religious practices as they are reported to have taken place at sea, including prayer, fasting, burial, and pilgrimage. While both useful and interesting, this chapter is not really integral to the overall themes of the book.

In constructing his narrative, Khalilieh draws on diverse types of sources: fatwas travel accounts, navigational literature, a few international commercial and diplomatic treaties, and quite heavily on Cairo Geniza documents. Less explicitly acknowledged, but nonetheless frequently used, are works of positive law which contain the so-called legal doctrine. Although Khalilieh's ability to synthesize materials from such divergent sources is remarkable, the picture he draws of maritime law is somewhat problematic. The author's free use of these sources appears to have led him to supplement, in one and the same context, reports of actual practice with deontic legal discourse that does not necessarily portray historical reality. The...