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
This book is a guide for the proper execution of the duties of office
in accordance with the law and rules of the country. It is concurred in
by all, and is promulgated with the general consent of all the datus,
panglima, and subordinate officers of state.
This on Sunday, the fourth day of the month Rabi' Akir, in the year
Dal Akir, which corresponds to the year 1295 A. H.
May it enhance the good and the prosperity of our country; and may
God give blessing and peace to its author.
THE CODE
Article I
Section 1. Whoever shall abduct the child of a free man, and be found
out, shall be fined twenty rolls or pieces (gajahilaw) of calico
(siddip) or its value. [15] The abductor shall return the child. A
bail also is required which shall be equal in character and value to
the abducted child.
Sec. 2. If the abductor of a free person is a slave, the master of
the slave shall be examined to find out whether or not the abduction
was committed with his knowledge and consent. In case he says that
it was done without his knowledge and consent he must be sworn on
the Quran. But, though he swears to that effect, he shall be held
responsible for the return of the abducted person. Then if the actual
abductor or abductors do not return the person or persons abducted,
he or they shall be taken in payment thereof.
But if the master of the slave does not swear to that effect, he
shall be held responsible personally for the abduction, and the case
shall be treated as a case of abduction by a free man. The condition
of the slave, whether privileged to live independently or not, does
not affect this decision.
Article II
Section 1. (a) If property of any kind of the sultan is stolen,
the thief shall be fined fifty pieces (gajahilaw) of calico.
(b) If property of datus with official titles or that of Twan Sarip
Usman is stolen, the thief shall be fined thirty-five pieces of calico.
(c) If datus without official title or descendants of a Sarip or
of Panglima Adaq are robbed, the thief shall be fined thirty pieces
of calico.
(d) If ministers of state or Panglima Pihaq are robbed, the thief
shall be fined twenty-five pieces of calico.
(e) If subordinate officers below the panglima [16] or inland country
pandita or the agents of the sultan or panglima are robbed, the thief
shall be fined twenty pieces of calico.
(f) If children of subordinate rulers or chiefs are robbed, the thief
shall be fined ten pieces of calico.
Sec. 2. (a) Theft of small articles (petit larceny) such as articles
of diet, etc., of the value of one piece or half of a kusta or sarong,
shall not be punished by fines, but the articles themselves shall
be restored to the proper owner or owners, twofold, and the thief
shall suffer fifty lashes; if the theft is repeated on two or three
occasions, the offense shall then be regarded as a case of great theft.
Public-domain text, read in full here on John Shaqi.
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