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
56. If a husband's absence is unusually long and no information can
be obtained concerning him, his wife shall not marry another person
unless she knows surely that he is dead or that she is divorced.
57. If a ship is in danger of foundering, the cargo should be cast
overboard for the purpose of saving the passengers; but if a person
cast overboard another person's property without order or permission,
he shall be held responsible for the loss.
58. If a person under conditions similar to the preceding case orders
another person to cast his property overboard and such other person
casts his property overboard, no responsibility shall be attached to
the order, unless express responsibility is stated in the order.
59. The estate of a deceased person shall be held as security for the
payment of his debt, whether the debt be known to his heirs prior to
or after the division of the estate.
60. The heir has the right to take possession of the estate if he
pays the debt with his own money.
61. No punishment shall attach to accidental murder while hunting,
whether the shooting be voluntary or forced.
62. If in such a case a fine is imposed, it shall be equally divided
between the shooter and the person who ordered the shooting.
63. If a person shoots at a tree and kills a person, or shoots at a
person and kills another, such murder shall be regarded as accidental
murder.
64. If a person is ordered to climb a tree and he falls and dies,
no blood money shall be paid by the person who gave the order, for
such murder is not intentional.
65. If a person claims that a certain child was born of a female
slave who conceived the child while in his possession, and confirms
his claim by witness and by oath, his claim shall be valid and the
child shall be regarded as a free child.
66. If a person claims that a certain slave had been his and was
liberated, and his claim is confirmed by a witness and by oath,
the slave shall be liberated again.
67. If two parties differ as to whether a certain property belongs to
one of the parties or to both of them as partners, the statement of the
party in charge of the property shall be valid if confirmed by oath.
68. If a person claims that the partnership has been dissolved and that
a certain property has become his own, and his claim is contested by
another party to the partnership, the statement of the latter party
shall be valid if confirmed by oath.
69. If a person who is a party to a partnership buys a certain property
and states that such property has been bought for the partnership,
and his statement is contested by another party to the partnership, the
statement of the purchasing party shall be valid if confirmed by oath.
70. God said, "The punishment for murder has been ordained for you,
a free person for a free person, a slave for a slave, and a woman
for a woman."
71. Such punishment shall not be executed without the authority of
the Imam (Caliph).
Public-domain text, read in full here on John Shaqi.
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