The Possible Contributions of Islamic Maritime Law to the Development of International Law
Open Access
Author:
Funk, Eric Jackson
Area of Honors:
History
Degree:
Bachelor of Arts
Document Type:
Thesis
Thesis Supervisors:
Jonathan Eugene Brockopp, Thesis Supervisor Jonathan Eugene Brockopp, Thesis Supervisor Catherine Wanner, Thesis Honors Advisor
Keywords:
islamic law international law maritime law
Abstract:
This thesis explores the possible contributions of Islamic maritime law from the 9th to 12th century to modern maritime law in its formative stages against the backdrop of more general contributions of Islamic law to both international and Western law of the time. With regards to the latter, the discussion will focus on Islamic law’s influence on various Western legal systems and specific institutions, such as common law, the English trust and French aval. Further, the preface to this "contributions" section will differentiate Islamic law from Roman law and Jewish law in its formative stages, and provide a general overview of Islamic law, clearing up points of confusion such as the role of religion and jurists. The analysis of Islamic maritime law in the early middle ages explores its possible influence on formative elements of modern maritime law (here defined as admiralty law as practiced by the majority of countries in the world today). The mode of analysis will be primarily descriptive, and will move through different subjects of maritime law in its medieval Islamic context, and point out similarities along the way. Subjects discussed include: legal personality, contracts, liability and transportation of goods, jettison, salvage, collision and partnership.
