THE DIVISION OF THE SEAS IN INTERNATIONAL AND ISLAMIC LAW AND THE CONCEPT OF ḤARĪM AL-BAḤR: A COMPARATIVE FIQH STUDY

Anke Iman Bouzenita*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

This original research paper investigates how the division of the seas between international (the high seas) and territorial waters is approached in Islamic law as compared to international law. It describes the conceptualization of the seas against the background of contemporary international and Islamic law and analyses the Islamic legal concept of the appurtenance of the sea, ḥarīm al-baḥr, as a suitable vehicle to accommodate the modern division. The paper draws on source material from different Islamic schools, with a focus on the Ibāḍī school, which historically has paid relatively more attention to the seas. It suggests legal mechanisms that may be activated with regard to notions of territorial and international waters in Islamic law. The study arrives at the conclusion that some modern representations of ḥarīm al-baḥr are not commensurable with its intended legislative purpose (ʿillah).

Original languageEnglish
Pages (from-to)143-184
Number of pages42
JournalIlahiyat Studies
Volume12
Issue number2
DOIs
Publication statusPublished - 2021

Keywords

  • Fiqh
  • High seas
  • Ibāḍism
  • International law
  • Territorial seas
  • Ḥarīm albaḥr

ASJC Scopus subject areas

  • Cultural Studies
  • Religious studies

Fingerprint

Dive into the research topics of 'THE DIVISION OF THE SEAS IN INTERNATIONAL AND ISLAMIC LAW AND THE CONCEPT OF ḤARĪM AL-BAḤR: A COMPARATIVE FIQH STUDY'. Together they form a unique fingerprint.

Cite this