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
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TRANSLATION OF THE ARABIC MARGINAL QUOTATIONS OF THE LUWARAN
1. The person in charge of a property the subject of a suit has the
first right to that property; his right must, however, be confirmed
by oath. If both parties have charge of the property, their rights
shall be regarded equal, and both parties shall take oath.
2. The compensation for a slave shall be equal to his value. The loss
of a limb shall be compensated for by the amount by which that loss
reduces the value of the slave.
3. No indemnity shall attach to the loss or damage of an article
borrowed if such loss or damage be incurred in the proper use of
such article.
4. The plea of the defendant in reference to the loss of a borrowed
article shall be confirmed by oath. In cases of doubt the loss shall
be established first by evidence, and the plea of the defendant shall
then be confirmed by oath.
5. If the borrowed article or property is subjected to insecurity or
danger, responsibility shall attach to such an action.
6. No suit shall be triable after the lapse of fifteen years from
the date of the act giving rise to the suit. Imam Shafii restricted
the application of this law to cases where the plaintiff and the
defendant live in one town, and where the delay was avoidable.
7. Lost or damaged finds shall be compensated for in kind or in value.
8. A find shall be the property of the finder irrespective of his
religion or character.
9. The find shall be delivered to its owner, if the owner is known. The
finder shall be held responsible for loss of the find or damage to
it as long as the find is in his charge.
10. Property seized by force shall be returned to its owner
with compensation for any loss that may have been incurred by the
seizure. If the seized property be lost, the seizer shall compensate
for the loss in kind or in value.
11. If the seizer and the owner differ concerning a defect in the
property, the owner's statement shall be valid if confirmed by oath.
12. God said, "To you believers I say, you shall not enter the houses
of others without their permission."
13. Mohammed said, "Whoever enters the house of another shall be
responsible for the loss that may occur therein."
14. If a divorce occurs after marriage but prior to sexual intercourse,
half the dower shall be paid. If the divorce occurs after sexual
intercourse, all the dower shall be paid.
15. No dower shall be paid if the marriage contract is broken prior
to sexual intercourse.
16. The expenses of the marriage feast shall not be recovered.
17. A gift conditioned on compensation may be recovered in kind
or value.
Public-domain text, read in full here on John Shaqi.
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