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
If the security is lost and no blame is attached to the creditor,
he shall not be held responsible for the loss, and the debtor shall
not be relieved from his debt.
Article XXXVII
If a principal and his agent differ, and the agent claims that he
has acted in accordance with the orders of his principal, and the
claim be denied by the principal, the statement of the latter shall
be sustained if confirmed by oath.
Article XXXVIII
If a married woman commits adultery, both adulterer and adulteress
shall suffer eighty lashes. If the lashes are changed or reduced to
a fine, half the number of the woman's lashes shall be added to the
man's fine.
Article XXXIX
If a person charges another with the payment of his debt, and the
creditor sues the proxy for the unpaid debt, but the proxy claims to
have paid the same, the creditor's statement shall be sustained if
confirmed by oath.
Article XL
If a man seduces a maiden, both shall suffer one hundred lashes,
and the man shall marry the woman and live with her even though he
is married.
Article XLI
The statement of the plaintiff shall be sustained if confirmed by a
witness. If there is no witness, the defendant shall take an oath.
Article XLII
If slaves commit adultery, both man and woman shall suffer fifty
lashes.
Article XLIII
If a married man commits adultery with a free woman, both shall
be stoned to death. The punishment of the man may be reduced to
imprisonment. The woman shall be buried up to her chest and be stoned
with medium-sized stones.
Article XLIV
If a free man seduces a maiden slave, the property of another person,
and she becomes pregnant and dies during childbirth, the seducer
shall then pay the value of the slave to her owner.
Article XLV
If a bachelor or widower commits adultery and is killed by a
non-Mohammedan, the non-Mohammedan shall be put to death. But a
Mohammedan who may kill such an adulterer shall not be put to death.
Article XLVI
If a man recognizes his cattle or his trees in another's charge and
notifies him of the fact, and has a witness to confirm his statement
that the cattle or trees are his, he shall be entitled to the produce
of the cattle or of the trees although they remain in the charge
of the other. Likewise, if a slave who has been lost is recognized
by his master in the charge of another person, and the master of the
slave notifies that person of the fact that the slave is his and has a
witness to confirm his statement, he shall be entitled to whatever his
slave may produce if he remains in the charge of the person aforesaid.
Article XLVII
If a man rents a field of another with the intention of cultivating
it, but later fails to do so and returns it to the owner thereof, he
shall be liable for the rent and shall pay the same at harvest time,
as though he had cultivated the land and reaped the produce. Likewise,
if a boat is hired, the hire thereof shall be paid to its owner,
whether or not it has been used for the intended travel.
Public-domain text, read in full here on John Shaqi.
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