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
41. If a woman is held as security for debt, and her trustee cohabits
with her, without the knowledge and consent of the debtor, his
action shall be regarded as adultery and he shall pay her dower. If
such cohabitation is with the consent of the debtor, no blame shall
attach to such action, but the creditor shall pay her dower. The
child born under such conditions shall be regarded as a free child,
but his value shall be paid to the debtor.
42. In cases of difference between the debtor and the creditor in
reference to the security and its value, the debtor's statement shall
be sustained if confirmed by oath.
43. The creditor shall not be held responsible for the unavoidable
loss or destruction of the security.
44. In cases of difference between the principal and his agent in
reference to the compliance of the latter with the instructions of
the former, the statement of the principal shall be sustained if
confirmed by oath.
45. The penalty for adultery committed with a married woman shall be
eighty lashes.
46. If an agent is intrusted with the payment of a debt of his
principal and is sued by the creditor for his failure to pay the debt,
the statement of the creditor shall be valid if confirmed by oath.
47. The penalty for adultery committed with an unmarried woman
is, according to the letter of the law, stoning to death of both
adulterers. This is generally reduced to 100 lashes for each offender.
48. The judge shall first hear the evidence of the plaintiff if he
has any, and render judgment accordingly. If no evidence is produced,
the statement of the defendant shall be valid if confirmed by oath.
49. The punishment for adultery committed by slaves is fifty lashes.
50. In stoning adulterers both men and women shall be buried to the
level of the chest and the stones shall be of medium size.
51. If a man has sexual intercourse with the slave of another man
and she dies during childbirth, he shall pay a fine equal to her value.
52. If a married Mohammedan is killed by a Christian on account of
adultery, the Christian shall be put to death; but if he is killed
by another Mohammedan, the latter Mohammedan shall not be put to death.
53. If a plaintiff proves by evidence his ownership to a certain
animal or tree, he shall be entitled to the future produce of that
animal or tree.
54. If a person secures a lease on a certain piece of land for the
purpose of cultivating it, he shall be bound by the terms of the lease
whether he cultivates the land or not. The payment is generally made
at harvest time.
55. If a slave runs away from his master and seeks refuge in the
house of another person who knows the master of the slave and such
person does not inform the master of the slave of the fact, such
person shall be held responsible for the slave whether the slave
stays with him or runs away again.
Public-domain text, read in full here on John Shaqi.
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