Introduction: How to interpret the contract of the transfer with resumption (ferağ bi’l-vefa)?

By Fatma Gül Karagöz* This is the first essay in a series of essays entitled "When usufruct became a credit source: The contract of the transfer with resumption (ferağ bi’l-vefa)." … Continue reading Introduction: How to interpret the contract of the transfer with resumption (ferağ bi’l-vefa)?

Two Tenth-Century C.E. Islamic Treatises on Admiralty and Maritime Laws from the Mediterranean Sea and Western Indian Ocean

By Hassan S. Khalilieh Nautical issues are treated by Islamic law from two distinct perspectives governed by two different systems. The first is public international law, which covers themes related … Continue reading Two Tenth-Century C.E. Islamic Treatises on Admiralty and Maritime Laws from the Mediterranean Sea and Western Indian Ocean

The Prophet Muḥammad’s Concept of the Freedom of Navigation: The Safe-Conduct of Aylah as a Testament

By Hassan S. Khalilieh In my exploration of the historical foundations of the freedom of navigation in early Islam, I unearthed documentary evidence from the Prophet’s era that surprisingly supports … Continue reading The Prophet Muḥammad’s Concept of the Freedom of Navigation: The Safe-Conduct of Aylah as a Testament

Beyond the Ribāṭ: Exploring Coastal and Offshore Jurisdiction

By Hassan S. Khalilieh As early as the first half of the seventh-century, Caliph ʿUmar ibn al-Khaṭṭāb (r. 13-23/634-644) established the office of the “governorship of the coasts.” Initially focused … Continue reading Beyond the Ribāṭ: Exploring Coastal and Offshore Jurisdiction

Petition from a captive wife (1853)

By Rozaliya Garipova[1] Mahibädär ‘Abdurrakhman qizi sent a petition to the Orenburg Muslim Spiritual Assembly (hereafter the OA) on December 12, 1852. The OA received the report on the 20th … Continue reading Petition from a captive wife (1853)

Married but not Married (1861)

By Rozaliya Garipova[1] In the previous case we saw that the two sides negotiated a marital contract but since the side of the groom could not pay the appointed mahr, … Continue reading Married but not Married (1861)