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
An oath on the Quran is so firmly binding and the fear of perjury is
so strong in the mind of the Moro that oaths are generally taken and
are always regarded as sufficient confirmation even in the absence
of evidence.
The Moros are not strict nor just in the execution of the law. The
laws relating to murder, adultery, and inheritance are seldom strictly
complied with. Indeed, the laws of inheritance as given in the Luwaran
are generally disregarded and are seldom considered at all. Mohammedan
law does not recognize classes, except the slave class. But Moro law is
not applied equally to all classes. Great preference is shown the datu
class, and little consideration is given to the children of concubines.
The Luwaran, nevertheless, is the recognized law of the land and
compliance with it is a virtue.
TRANSLATION OF THE LUWARAN, THE MAGINDANAO CODE OF LAWS
In the name of God the Compassionate and Merciful, praise be to God,
who led us to the faith and religion of Islam. May God's blessing be
with our master Mohammed and with all his people and followers.
The following articles are taken from the Minhaj and Fathu-l-Qareeb
and Taqreebu-l-Intifa and Mir-atu-t-Tullab and have been translated
from the Arabic into the Java (Malay) dialect of Mindanao, the land
of peace:
Article I
If two people disagree as to the ownership of a certain property,
the actual possessor has the right to the property if he swears to
that effect. In case both of them are in actual possession of the
property, both ought to swear. If both of them swear to that effect,
the property shall be divided between them equally. If only one person
swears, the property shall be given to that person alone.
Article II
If a person borrows an article and loses it, he shall replace it
or pay its value. The same rule shall apply in case the article is
stolen. There shall also be paid a reasonable additional compensation
for the lost article.
Article III
If a person borrows an ax or a button, and the ax is broken or the
button lost while being used for the purpose for which it was loaned,
and not on account of carelessness, the lost article shall not be
replaced. But if the ax is used at a place overhanging the water or
is used to cut a stock of bamboo without being well tied or fastened,
and is lost, it shall then be replaced.
Article IV
If two persons disagree as to whether or not a certain debt has been
paid and have no witness to the fact, the plaintiff's claim shall be
sustained in case he confirms it by an oath. In case he refuses to
take an oath the defendant's claim shall be sustained.
Article V
If a person intrusts another with his property and later calls for
it and it is denied him on the plea that it has been taken back or
that it was lost, and no witness can be obtained, the trustee's plea
shall be sustained if he confirms it by oath.
Article VI
Public-domain text, read in full here on John Shaqi.
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