Studies in Moro History, Law, and ReligionSaleeby, Najeeb M. (Najeeb Mitry)
History
Studies in Moro History, Law, and Religion
Saleeby, Najeeb M. (Najeeb Mitry)
Law -- Philippines; Mindanao Island (Philippines) -- History; Muslims -- Philippines
The term Luwaran, which the Mindanao Moros apply to their code of
law, means "selection" or "selected." The laws that are embodied in
the Luwaran are selections from old Arabic law and were translated
and compiled for the guidance and information of the Mindanao datus,
judges, and pandita who do not understand Arabic. The Mindanao copies
of the Luwaran give no dates at all, and nobody seems to know when this
code was made. They say it was prepared by the Mindanao judges some
time ago, but none of those judges is known by name. Datu Mastura's
copy of this code was written about 1886, and it is undoubtedly copied
from some older manuscript. The original manuscript [11] accompanying
this code is older still, but it bears no date at all.
The Arabic books quoted in the Luwaran are Minhaju-l-Arifeen,
Taqreebu-l-Intifa, Fathu-l-Qareeb, and Miratu-t-Tullab. The first
of these, generally known as the Minhaj, is the chief authority
quoted. Datu Utu had an old copy of the Minhaj that looked more than
two hundred years old. The author of the Minhaj must have lived in
the ninth or tenth century. The compilation of the Luwaran must have
been made before the middle of the eighteenth century.
Each Mindanao datu is assisted in the administration of justice by a
judge and a vizier. The judge is called Datu Kali. The word kali is
derived from the Arabic word meaning "judge." The Datu Kali is the
chief pandita of the district and is supposed to be the best-informed
man of the community. The pandita is the scholar who can read and
write and perform the functions of a priest. The vizier is called
"wazir;" he is a pandita, too, and acts in a semijudicial and clerical
capacity. Mohammedan law being based on the teachings of the Quran,
the chief pandita of the district is naturally regarded as the most
competent expounder of the law and the best-fitted person in the
community to act as a judge. As the wazir is a pandita, he should be
a well-informed and wise man. Some datus are pandita themselves, and
some take all matters into their own hands and delegate none of their
offices or duties to a judge or a vizier; but this is the exception,
not the rule.
Public-domain text, read in full here on John Shaqi.
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