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 code greatly increases the fines exacted from the people,
creates a treasury under the control of Hajji Butu, and entitles the
sultan to a share of the fines collected by the various datus and
chiefs. The chiefs and the people look upon it as another form of
unjust taxation. The opposition to its adoption is so strong and so
bitter that nothing except force of arms can enforce its use. This
is beyond the power of the present sultan.
INTRODUCTION
This book is a guide to the proper execution of the duties of office in
accordance with the law and the rules of the country. It is concurred
in by all and is promulgated with the general consent of all datus,
ministers, panglima, and subordinate officers of state.
May God enhance by it the good and prosperity of our country.
This at 9 o'clock, Saturday, the 11th of the month Jul Kaidat of the
year B, which corresponds to the year 1320 A. H.
This is to proclaim hereby the decrees of Padukka Mahasari Mawlana
Hajji Mohammed Jamalu-l-Kiram.
The subjects discussed in the following articles are, first, theft;
second, murder; third, adultery; fourth, opprobrium; fifth, cases
arising from unwitnessed purchase; sixth, false claims; seventh,
unlawful or unauthorized exactions; eighth, debt; ninth, finds; tenth,
unjust actions and decisions.
To every crime or misdemeanor which comes under these articles a
fine is attached, differing according to the nature and the degree
of the crime.
THE CODE
Article I
Section 1. The thief shall be fined seventy pesos, no matter what he
steals. The fine shall always be seventy pesos irrespective of the
person robbed, be he low or high in rank. The manner in which the fine
shall be divided between the person robbed and the treasury differs.
(a) If the sultan's property is stolen, fifty pesos shall go to the
sultan and twenty pesos to the treasury.
(b) If datus with official titles or Twan Habib Mura are robbed,
forty pesos shall go to the person robbed and thirty pesos shall go
to the treasury.
(c) If other datus or Twan Hajji Butu or a descendant of a Sarip
are robbed, thirty-five pesos shall be paid to the person robbed and
thirty-five to the treasury.
(d) If a minister of rank and official title or a hajji in the council
of the sultan is robbed, thirty pesos shall be paid to the person
robbed and forty pesos to the treasury.
(e) If a minister of rank without any official title or a panglima
pihaq [22] or a pandita of the capital is robbed, twenty-five pesos
shall be paid to the person robbed and forty-five to the treasury.
(f) If a subordinate officer of state or an agent of the sultan or a
country pandita is robbed, twenty pesos shall be paid to the person
robbed and fifty to the treasury.
(g) If a common person is robbed, fifteen pesos shall be paid to him
and fifty-five to the treasury.
(h) The thefts referred to above include cattle, slaves, and every
article of value.
Public-domain text, read in full here on John Shaqi.
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