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
72. A free person shall not be put to death for killing a slave,
but all grades of slaves shall be subject to such punishment.
73. A free woman or a hermaphrodite shall be regarded as half a man
in all considerations referring to person or injury.
74. If a free man divorces his wife three times or a slave divorces
his wife twice, it shall not be lawful for either of them to marry
the same woman again before she has been married to another person.
75. A nonpregnant woman shall mourn for her husband four months
and ten days in full. A nonpregnant slave woman shall mourn for her
husband two months and five days.
76. God said: "Your widows shall not be allowed to marry again before
the lapse of four months and ten days. Pregnant widows shall not
marry again before childbirth."
77. A divorced wife who is still in the period of suspension can
inherit unless she has been divorced three times.
78. If a person throws sweepings or melon rinds on the road, he shall
be responsible for the consequences.
79. If a person helps a child or insane person to poisoned food,
he shall be punished.
80. Adults and sane persons shall be liable to punishment for murder;
an intoxicated man is also liable to punishment for the same offense.
81. Intentional intoxication fixes the liability to punishment.
82. A defendant's plea on the ground that he was a child or insane
at the time the murder or crime was committed, if reasonable and
confirmed by oath, shall be valid.
A child is exempt from oath and from punishment.
83. If a person startles a minor standing near the edge of a roof
(flat roof) and the minor falls and dies on that account, he shall
pay a heavy fine.
84. If a minor is accidentally alarmed and falls from a roof and dies,
the fine shall be light.
85. Injuries done to a slave are compensated for by the amount of
the reduction affecting his value.
86. Similar to 85.
87. A slave is liable to fine for his crimes; his master shall either
pay his fine for him or sell him to pay the fine, if the price exceeds
the fine. If the fine exceeds the price, the slave shall be held
personally responsible.
88. In case the plaintiff can not produce evidence or witness, the
defendant shall take the oath. But if the defendant refuses to take
oath, the plaintiff shall take oath and confirm the charge.
89. If the plaintiff claims that a certain adult person is his slave,
and the defendant denies the charge, the defendant's statement shall
be valid if confirmed by oath.
90. What is borrowed shall be returned in kind.
91. The will of a free adult shall be legitimate whether he be an
immoral person or an infidel. The will of the insane, the intoxicated,
the child, and the slave shall not be legitimate.
92. A will is null if the legatee dies before the testator; otherwise
it is legitimate, and [the property] may be transmitted to the heirs
of the legatee.
Public-domain text, read in full here on John Shaqi.
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