Studies in Moro History, Law, and Religion Part 11

TRANSLATION OF THE LUWARAN, THE MAGINDANAO CODE OF LAWS

In the name of G.o.d the Compa.s.sionate and Merciful, praise be to G.o.d, who led us to the faith and religion of Islam. May G.o.d's blessing be with our master Mohammed and with all his people and followers.

The following articles are taken from the Minhaj and Fathu-l-Qareeb and Taqreebu-l-Intifa and Mir-atu-t-Tullab and have been translated from the Arabic into the Java (Malay) dialect of Mindanao, the land of peace:

Article I

If two people disagree as to the owners.h.i.+p of a certain property, the actual possessor has the right to the property if he swears to that effect. In case both of them are in actual possession of the property, both ought to swear. If both of them swear to that effect, the property shall be divided between them equally. If only one person swears, the property shall be given to that person alone.

Article II

If a person borrows an article and loses it, he shall replace it or pay its value. The same rule shall apply in case the article is stolen. There shall also be paid a reasonable additional compensation for the lost article.

Article III

If a person borrows an ax or a b.u.t.ton, and the ax is broken or the b.u.t.ton lost while being used for the purpose for which it was loaned, and not on account of carelessness, the lost article shall not be replaced. But if the ax is used at a place overhanging the water or is used to cut a stock of bamboo without being well tied or fastened, and is lost, it shall then be replaced.

Article IV

If two persons disagree as to whether or not a certain debt has been paid and have no witness to the fact, the plaintiff's claim shall be sustained in case he confirms it by an oath. In case he refuses to take an oath the defendant's claim shall be sustained.

Article V

If a person intrusts another with his property and later calls for it and it is denied him on the plea that it has been taken back or that it was lost, and no witness can be obtained, the trustee's plea shall be sustained if he confirms it by oath.

Article VI

If a person enters a claim to his lost property which has been found and kept by another person, and the finder refuses to deliver the property on the plea that it is his own property and that it has been in his possession for a long time, and there be a witness who testifies that the property is a find and not an old possession of the finder, the finder shall return the property found and pay a compensation of one cuspidor or two.

Article VII

The seizer of another's property shall return the seized property and pay an additional amount proportional to the interest derived from the property.

Article VIII

If a person enters the house of another at night without the consent of the owner thereof, and the said owner complains of the offense, the defendant shall be fined four cuspidors.

Article IX

If a man enters the house of another with the intention of holding private intercourse with a woman therein with whom it is unlawful for him to a.s.sociate privately, and the woman objects, he shall be fined four cuspidors or four pesos, or shall suffer from twenty to thirty-nine lashes, or shall be slapped on his face, at the discretion of the judge.

Article X

If a woman comes into the house of a man with the intention of marrying him and of living with him, and the man refuses to marry her and she is later taken away by her people, the man shall not be liable to fine or punishment.

Article XI

Section 1. If a man divorces his wife after the conclusion of the marriage act or ceremonies, and before any s.e.xual intercourse has taken place, the woman shall have half of the dower only. If the divorce occurs after s.e.xual intercourse has taken place, the woman shall have all the dower.

Sec. 2. If a man refuses to marry a woman after having been engaged to her, the whole dower shall be returned to him, excepting the expenses for the feast incurred by the father of the woman.

Article XII

If a person curses or abuses another person without cause, he shall be fined not more than three cuspidors.

Article XIII

Section 1. If a person falsely claims another person as his slave, he shall be fined the value of one slave.

Sec. 2. If a person defames another person by calling him balbal (a human being who transforms at night into an evil spirit which devours dead people) or poisoner, he shall be fined one slave or the value of one slave.

Article XIV

If both the giver and the receiver understand that a return gift shall be made for a certain given property and the receiver fails to make the gift, the giver can take back the gift.

Article XV

No gift given without expectation of reward can be recovered after the receiver has had possession of it. But if the giver changes his mind before the receiver takes possession of the gift, the giver resumes his owners.h.i.+p of the given property.

Article XVI

Property the gift of parents to their child shall be recoverable if it has not been expended or destroyed.

Article XVII

In the discretion of the judge and the datu, a thief of property amounting to the value of one malong or more shall have his hand cut off and shall return the stolen property. If the stolen property does not amount to the value of one malong, the thief shall suffer thirty-nine lashes or pay a fine of four cuspidors.

Article XVIII

If there is any doubt of the truth of evidence or the truthfulness of a witness, they shall be confirmed by oath.