By Hassan Salih Khalilieh

It is a comparative learn facing the maritime practices which prevailed within the Byzantine and Islamic worlds round the Mediterranean from 7-10 centuries C.E. and involves seven chapters. the 1st bankruptcy describes the actual and criminal importance of the send, computation of skill, and the significance of naming advertisement vessels. bankruptcy examines problems with possession and ownership of a vessel, the employment stipulations of the team, and the passengers' prestige on board send. Carriage of shipment by way of sea and varieties of contracts, legal responsibility of the lessor, transport charges, and breach of agreement are lined in bankruptcy 3. Jettison, commonplace, and contribution are handled in bankruptcy 4. bankruptcy 5 treats the legislation of collision and the foundations governing the salvage of jetsam, are surveyed in bankruptcy Six. the ultimate bankruptcy explains the criminal alterations among Byzantine and Islamic mercantile legislation and descriptions the foundations of the ocean mortgage, chreokoinonia, and qirad.

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53 52 Lawrence I. Conrad, “The Conquest of Arwàd: A Source Critical Study in the Historiography of Early Medieval Near East,” in The Byzantine and Early Islamic Near East; Problems in the Literary Source Material, ed. Averil Cameron and Lawrence Conrad (Princeton: The Darwin Press, 1992), 317–401. 53 The Byzantine-Islamic military struggles over the Mediterranean during the seventh and eighth centuries is beyond the scope of the current study. However, for deeper insight on this topic, consult: Lewis, Naval Power and Trade, 54–97; A˙mad 'Abbàdy and Sayyed Sàlem, Tàrìkh Ba˙riyya al-Islàmiyya fì Mißr wal-Shàm (Beirut: Dàr al-Nah∂a al-'Arabiyya, 1981), 28–36; Wilhelm Hoenerbach, La Marina Arabe del Mar Meditrráneo en Tiempos de Mu'àwiya (Ti†wàn: Instituto Muley el-Hasan, 1954); A˙mad R.

29 A collection of imperial edicts which were published immediately after Codex Gregorianus. 30 The Digest is a collection of edicts of classical Roman jurists. It was compiled and published to bring the innumerable and often contradictory rulings of Roman jurists into an ordered system. Its excerpts were made from the legal literature of Domitius Ulpianus of Tyre (d. 228), Julius Paulus (first half of the third century), as well as legal materials of other distinguished Roman legists. The edicts were arranged according to subject matter into fifty books subdivided into a varying number of titles.

It was only later, during the reign of Justinian I (527–565),23 20 The imperial Roman navy in Italy consisted of two major units. The Adriatic fleet was based in Ravenna, on the southern bank of the Po, while the Mediterranean fleet was stationed in Misenum on the central western coast of Italy. 21 Starr, Roman Imperial Navy, 74–78; Meijer, History of Seafaring, 216–218. In addition to naval technology, the Greek mariners and shipbuilders introduced their naval jargon to the Roman maritime establishment.

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