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
In making the Luwaran the Mindanao judges selected such laws as in
their judgment suited the conditions and the requirements of order
in Mindanao. They used the Arabic text as a basis, but constructed
their articles in a concrete form, embodying genuine examples and
incidents of common occurrence in Mindanao. In some places they
modified the sense of the Arabic so much as to make it agree with the
prevailing customs of their country. In a few instances they made
new articles which do not exist in Arabic but which conform to the
national customs and common practices. The authority of the Luwaran
is universally accepted in Mindanao and is held sacred next to that
of the Quran. The Mindanao judge is at liberty to use either of them
as his authority for the sentence to be rendered, but as a rule a
quotation from the Quran bearing on the subject is desirable.
All datus and viziers and all persons acting in the capacity of a
chief or a vizier find the Luwaran very convenient and helpful. Very
few people can become kali, but all who are able to read can study
and use the Luwaran. Consequently the Luwaran has had general use, and
copies of it are seen in all the districts that speak the Magindanao
dialect. To establish this fact copies of it were secured from the
ruling datus of Bagumbayan and of Saraya or the upper valley.
The copy [12] secured from Datu Mastura is by far the most complete
of all. The text is well written, neat, and distinct. The original
Arabic articles are written separately on the margin of the book
and opposite the Magindanao articles with which they were supposed
to correspond. Datu Mastura is the best living descendant and
representative of the house of Mindanao, and he probably owns the
most reliable books and documents that have been transmitted from
the previous generations.
This book is certainly the best specimen of Magindanao literature;
it is genuine, correct, and well written. On account of inability to
secure the book itself, an accurate and exact copy of the same was
taken. The Magindanao articles are written separately and are numbered
for convenience in reference. The translation is not exactly literal,
but nearly so.
The Arabic marginal quotations are copied separately and are numbered
in the order in which they appeared in the original copy. They
are also translated, and a table indicating the Arabic quotation
which corresponds to each article of the Luwaran is attached to the
introduction to the translation.
In actual practice the Moros do not distinguish between custom and
law. Many of their customs are given the force of law, and many laws
are set aside on account of contradiction to the prevailing customs
of the day.
Slavery is such an established custom and institution of the land
that it is generally sanctioned and supported in the Luwaran.
Public-domain text, read in full here on John Shaqi.
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