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
18. The will of the giver and the acceptance of the receiver shall
determine the gift.
19. A gift not conditioned on compensation shall not be recoverable.
20. A thief shall have his hands cut off.
21. The thief shall return the stolen property or compensate for
its loss.
22. The confession of the thief and the oath of the plaintiff shall
confirm the theft.
23. The plaintiff's oath if corroborated by evidence shall confirm
the theft.
24. If the statement of the defendant begins with confession and ends
with denial, the confession shall be regarded valid.
25. The testimony of a minor or insane person is null.
26. The testimony of a slave shall be valid when it bears a
disadvantage or punishment to himself.
27. A slave shall not be contracted with or loaned without the
permission of his master.
28. A slave shall be liable for the payment of a debt contracted
prior to liberation.
29. If the vender and the vendee differ as to the time a certain
defect developed in the property sold, the vender's claim shall be
sustained if confirmed by oath.
30. Differences between the vender and the vendee as to the amount or
price of the property sold or date of the purchase shall be subject
to oaths by both parties.
31. If a defect in the purchased property is recognized after the
conclusion of the sale, the property may be returned to the vender,
who shall retain of its price an amount equal to the reduction in
the value of the property occasioned by the discovery of the defect.
32. The occurrence of a defect in a slave after the conclusion of the
contract does not constitute a right by which the vendee can revoke
the sale contract.
33. If a person purchases a slave and later presents a defective
slave and requests the revocation of the purchase contract, and the
vender denies the identity of the slave, the vender's statement or
plea shall be sustained if confirmed by oath.
34. If a defect is observed during prayer or meals or at night,
notice thereof may be delayed for the time necessary to finish the
prayer or meal, or overnight.
35. Other nonpermissible delays annul the right to revoke a sale
contract.
36. If a debtor is sued by the legatee of the creditor and makes the
plea that the debt was canceled, the legatee shall take oath to the
effect that he has no knowledge of the cancellation of the debt.
37. A sale contract may be revoked if it does not define the price
of the property sold.
38. The right to property justifies breaking a door or breaking through
walls for the purpose of securing it, or its equivalent in kind.
39. If a person spies on the wife of another person through cracks
or holes in her house and an occupant throws a stone at him which
hurts or kills him, no fault shall attach to such action.
40. If the owner of a cat is warned of the fact that his cat eats
fowls or provisions of others and the cat repeats such an act, the
owner of the cat shall be held responsible for its action.
Public-domain text, read in full here on John Shaqi.
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