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
It shall be lawful to return promptly purchased property which is
defective. The return shall not be delayed longer than prayer time
or mealtime, or one night in event of the purchase having been made
in the evening.
Article XXIX
If a creditor dies and his heirs sue his debtor, but the debtor denies
the debt on the plea that the deceased creditor gave him as a gift,
or in charity, or that he has paid for that for which he is sued,
and there is no witness, the heir must swear. Failure to swear on the
part of the heir shall render the debtor free from payment of the debt.
Article XXX
If a person buys property or a slave, and another person recognizes
the slave or property as his own and lays claim thereto, and is
able to produce a witness to that effect, the buyer shall return
the purchased property or the slave to the seller, but shall recover
whatever he has paid.
Article XXXI
If a person finds his property in the possession of another, and
is able to recover it without any injury or injustice, he shall be
justified in so doing. But in the event of an objection being raised
to the recovery or in case an injury or injustice is unavoidable in
recovering the property, he shall present the matter to the datu
and to the judge, after which it shall be justifiable for him to
take his property even though it be necessary to break through a
door or through walls to do so. Under any circumstances he shall
have the right to recover his property, or its equivalent in kind,
or any other substitute not in excess of the value of the property.
Article XXXII
If, while a person is spying on the house of another, the occupants
throw a stone or other thing out of the house and thereby cause the
death of the spy, no guilt shall be attached to their action.
Article XXXIII
If the provisions or the fowls of a person are eaten by cats or cattle,
and the owners thereof are notified by the injured person to secure
their animal or animals, and the warning or notice is disregarded so
that the provisions or fowls are eaten up, the owners of the cats or
cattle shall be held responsible for the loss.
Article XXXIV
Section 1. If a person seduces or cohabits with a female slave,
held by him as security for debt, with the knowledge or consent of
the debtor, he shall not be held guilty; but he shall give her a dower.
Sec. 2. If the seduction or cohabitation occurs without the consent
of the debtor, the creditor shall be liable to a fine, or shall give
the woman a dower to be paid to the debtor.
Sec. 3. If the creditor begets a child of the slave held as security
in the preceding section, he shall buy the child from the debtor;
otherwise the child shall become the slave of the debtor.
Article XXXV
If the creditor and the debtor differ as to the security or its amount,
the debtor's statement shall be sustained if confirmed by oath;
otherwise the statement of the creditor shall be sustained.
Article XXXVI
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