existence of a claim for debt against the estate, they shall return
their shares to pay the debt, whether the inheritance is sufficient
or not; and if they have used their inheritance prior to the knowledge
of the debt, they shall pay out of their own property an amount equal
thereto in payment of the debt.
Article LII
If a man orders another to shoot at a deer, believing that he is
ordering him to shoot at a deer, and the person shoots believing also
that he is shooting at a deer, but hits a man, neither the shooter nor
the man who has ordered him to shoot shall be liable to punishment,
but shall pay only a light fine as blood money. Likewise, if a man
orders another to shoot at a tree, believing that he is ordering
him to shoot at a tree, and the person shoots, believing also that
he is shooting at a tree, but hits a man, neither the shooter nor
the man who has ordered him to shoot shall be liable to punishment,
but shall pay only a light fine as blood money.
Article LIII
In case a person orders another person to climb up a tree and the
climber falls from the tree, there shall be no liability to punishment,
whether the person dies or not. A medium fine only shall be paid as
blood money.
Article LIV
If a female slave in the possession of a certain person has a child
which is recognized by another person as his own child and born of
the slave during her stay in his possession, and the claim is denied
by her present owner and there is a witness to the truth of the claim,
the plaintiff shall confirm his testimony by oath. Failure to confirm
this testimony by oath and the lack of conclusive evidence that the
child is a free child, begotten by the plaintiff of the slave, shall
render the claim null.
Article LV
If a man recognizes a slave whom he has liberated in the possession
of another man who denies the claim, and there is a witness who
bears out the claim of the plaintiff, the plaintiff shall confirm
his statement by an oath, and, having taken an oath, may recover his
slave and reliberate him. But his statement shall not be sustained
if an oath is not taken.
Article LVI
Section 1. If two persons enter into partnership and later one of them
asks the other to sell the property or stock and divide the proceeds,
and the property is sold and its amount received, but the seller
claims the whole amount as his, to which the other partner objects
on the ground that it belongs to the partnership; or if the seller
claims that it belongs to the partnership, and the other partner
claims that it is his own, the statement of the person in possession
of the property or its price shall be sustained if confirmed by oath;
but otherwise it shall be rejected.
Sec. 2. If in the preceding case the seller divides the proceeds and
gives his partner a part thereof and holds the remainder for himself,
claiming that the amount of the proceeds has been divided, but the
other partner refuses to accept the division on the ground that it
has not occurred, the claim against the division by the complaining
partner shall be sustained if confirmed by oath; otherwise it shall
not be sustained.
Sec. 3. If one of the two partners in the preceding case buys and
takes possession of the property of the partnership and then denies
that it is the former property, claiming that it has been bought by
some one else, to which the other partner objects as a false claim,
the statement of the latter shall be sustained if confirmed by oath;
otherwise the buyer's statement shall be sustained.
Article LVII
Section 1. If a free man kills another free man, or a free woman kills
another free woman, or a slave kills another slave, the slayer shall
be punished.
Sec. 2. If a free man kills a slave, the free man shall not be put
to death.
Sec. 3. If a slave or other servant kills a free person, he shall be
put to death.
Article LVIII
The blood money for the life of a woman or of a hermaphrodite shall
be half that of a man; so also shall the fines for wounding a woman
be rated as half those for wounding a man.
Article LIX
If a free man divorces his wife three times, or a slave divorces his
wife twice, it shall not be lawful for him, the man, to marry again
before the divorced woman is married to another person.
Article LX
Section 1. If the husband of a pregnant free woman dies, or a free
woman is divorced, she shall mourn four months and ten days.
Sec. 2. If a slave woman is divorced, she shall mourn two months and
five days.
Sec. 3. If a pregnant free woman is divorced, she shall mourn until
childbirth.
Article LXI
If a person throws the sweepings of a house or the parings of fruits
on the road, and a person carrying certain articles and passing on the
road steps on them and thereby slips and falls and loses his property,
the person who threw the sweepings or the fruit parings on the road
shall pay for the lost property. He shall also be responsible for
any injury resulting from the fall.
Article LXII
If a person gives an imbecile or an insane person or a child poison
to eat, and said child, insane person, or imbecile dies as a result
thereof, he shall be punished.
Article LXIII
If a man gets drunk and fights or kills another, he shall be liable
to punishment.
Article LXIV
If a child or an imbecile or an insane person kills another person,
he shall not be liable to punishment, but shall pay blood money.
Article LXV
If a child under age is in a high place and is frightened by some
person and as a result thereof falls and dies, the person who
frightened him shall pay his blood money.
Article LXVI
If a person who is shooting or hunting startles a child who happens
to be in some high place, and the child falls and dies as a result
thereof, he shall pay a small fine as blood money.
Article LXVII
If a slave is wounded, the fine in compensation for his injury shall
be the price of the slave in case of death, or an amount equal to
the decrease in the value of the slave in case he does not die.
Article LXVIII
Section 1. If a slave is guilty of cutting another, he shall be
liable for the fine thereby incurred; if his master does not pay the
fine, he may sell the guilty slave and pay the fine from the amount
received therefor.
Sec. 2. If the master of the guilty slave refuses to sell him, he
shall compensate for the decreased value of the slave who has been cut.
Article LXIX
Section 1. If a plaintiff produces a witness, his statement shall
be sustained.
Sec. 2. If a plaintiff has not a witness, the defendant shall take
an oath; but if the defendant refuses to take an oath, the plaintiff
shall swear and his statement shall be sustained.
Article LXX
If the owner of a slave dies and his heirs claim the slave, and the
slave objects on the ground that he had been liberated by his deceased
master, the slave shall take an oath to that effect, which oath shall
confirm his statement; but if an oath is not taken by the slave,
the claim of the heirs shall be sustained.
Article LXXI
All property loaned shall be paid back in kind, but if that be
impracticable, the value thereof shall be accepted.
Article LXXII
The will of a free person shall be legitimate whether he be a
non-Mohammedan or a person of bad character; but the will of an insane
person or an imbecile or a child or a slave shall not be legitimate.
Article LXXIII
If the legatee dies before the testator, the will shall be held
invalid; but if the legatee dies after the death of the testator,
the heirs of the legatee shall be entitled to his share under the will.
Article LXXIV
If a person wills his estate to one of his heirs, the will shall be
sustained if the other heirs consent to it; but if they do not consent,
the will shall not be sustained.
Article LXXV
If a person recognizes his property in the possession of another, which
property he has neither sold nor given away as charity or otherwise,
it shall be lawful for him to take or recover his property, unless
he is afraid of being killed. In case he is afraid, he shall present
the matter to the datu and then to the judge.
Article LXXVI
The action of a guardian or agent shall be binding on the ward or
the principal, respectively. The insane, imbeciles, or children shall
never be guardians or agents.
Article LXXVII
If two persons collide unintentionally and one person is injured,
the liability of the guilty person for the fine or compensation
thereby incurred shall extend to his heirs. The fine shall be small.
Article LXXVIII
If in the preceding case the collision is intentional, the liability
shall be the same, but the fine shall be equal to half the limit.
Article LXXIX
If children or imbeciles or insane persons collide, the same law
shall govern as in the case of sui juris persons.
Article LXXX
Section 1. A son, the only child, shall inherit all of the estate of
his father and mother.
Sec. 2. A daughter, the only child, shall inherit half the estate of
her father and mother.
Sec. 3. Two or more sons, the only children, shall share the estate
of their father and mother equally.
Sec. 4. In case one son and one daughter are the only children, the
estate of the father and mother shall be divided into three equal
parts, of which the son shall receive two parts and the daughter
one part.
Sec. 5. In case of multiplicity of sons and daughters, the estate
shall be so divided as to give each daughter half the share of one son.
Article LXXXI
A husband shall inherit half the estate of his wife in event of her
death and when she has neither a child nor a grandchild.
Article LXXXII
In the event of the death of a wife who has children or grandchildren,
her husband shall inherit one-quarter of her estate only, and the
other heirs shall inherit the remaining three-quarters.
Article LXXXIII
In the event of the death of a man who has no children or
grandchildren, his wife shall inherit one-quarter of his estate only.
Article LXXXIV
In the event of the death of a man who has children or grandchildren,
his wife shall inherit one-eighth of his estate only.
Article LXXXV
Section 1. A father or son or wife or husband can not be disinherited
by other heirs.
Sec. 2. A son disinherits full brothers and sisters, and all other
heirs.
Sec. 3. Full brothers and sisters disinherit more remote heirs.
Sec. 4. A grandfather, a father, and a grandson disinherit a brother
or sister from the mother alone, or other heirs.
Sec. 5. A grandfather, brother, son, and uncle or aunt on the father's
side disinherit a full nephew or niece, or more remote heirs.
Sec. 6. A full nephew disinherits another nephew who is not from a
full brother or sister.
Sec. 7. A nephew on the father's side disinherits a full cousin and
more remote heirs.
Sec. 8. A full uncle [13] or aunt disinherits an uncle or aunt on
the father's side.
Sec. 9. A full cousin disinherits a cousin on the father's side.
God's knowledge surpasses our knowledge.
[The End]
This copy [the original] was made at noon of the 20th day of
Jamadu-l-awal, in the year of the war between Bwayan and the infidels
[non-Mohammedans].
WOUNDS
Wounds are classified with respect to depth, locality, and tissue
cut. To each class of wound a definite fine is fixed.
Class I
SIMPLE WOUNDS
The fine for wounds of the skin unaccompanied by bleeding shall be
three pesos. [14]
Class II
BLEEDING WOUNDS
The fine for wounds of the skin accompanied by bleeding shall be
five pesos.
Class III
SKIN-PENETRATING WOUNDS
The fine for wounds of the skin where the skin is cut through and
the flesh exposed shall be ten pesos.
Class IV
FLESH WOUNDS
The fine for wounds where the skin and flesh are cut through shall
be fifteen pesos.
Class V
PERIOSTEAL WOUNDS
The fine for wounds where the skin and flesh are cut through and the
periosteum exposed shall be twenty pesos.
Class VI
DEEP WOUNDS
The fine for wounds that cut into the bone shall be twenty-five pesos.
Class VII
FRACTURE WOUNDS
The fine for wounds where the bone is fractured and cut through shall
be fifty pesos.
Class VIII
DISLOCATING WOUNDS
The fine for wounds where the bone is dislocated shall be seventy
pesos.
Class IX
SKULL-PENETRATING WOUNDS
The fine for wounds where the membranes of the brain are penetrated
shall be two hundred and fifty pesos.
Class X
BRAIN WOUNDS
The fine for wounds where the brain is penetrated shall be three
hundred pesos.
Class XI
BLOOD MONEY
The blood money for the intentional or willful murder of a Moslem shall
be one hundred camels or one thousand three hundred and seventy pesos.
Class XII
The fine for amputating or cutting off one hand at the wrist, or
higher, shall be fifty camels or six hundred pesos.
Class XIII
DEEP BONE WOUNDS OF THE HEAD OR FACE
The fine for deep wounds of the head or face shall be five camels,
or sixty-eight and one-half pesos.
Class XIV
FRACTURE WOUNDS OF THE HEAD OR FACE
The fine for fracture wounds of the head or face shall be ten camels,
or one hundred and thirty-seven pesos.
Class XV
DEEP STAB WOUNDS
The fine for deep stab wounds shall be thirty-three camels and
one-third, or four hundred and fifty-six and two-thirds pesos, which
is one-third of the amount of blood money.
Class XVI
The minimum amount of the blood money of a Moslem shall be eight
hundred and sixty-eight and one-quarter pesos.
Class XVII
The minimum blood money of a heathen or pagan, fifty-seven and
one-quarter pesos.
Class XVIII
The fine for an involuntary deep wound of a pagan shall be two and
four-tenths pesos.
Class XIX
The blood money for the accidental or involuntary murder of a pagan
shall be forty-three and one-third pesos.
Class XX
The fine for the intentional deep wound of a pagan shall be four and
two-tenths pesos.
ARABIC MARGINAL QUOTATIONS OF THE LUWARAN
INTRODUCTION
These quotations are given here in the same order in which they appear
on the margin of the original copy of the Luwaran, with only a few
clerical corrections. They are selections from Arabic books on law
and religion, and form the basis of the Magindanao law as given in
the Luwaran. The order they come in does not always conform to the
order of the corresponding articles of the Luwaran to which they are
appended. The Magindanao judges who prepared the Luwaran used these
texts or quotations as authority for the corresponding Magindanao
articles they made. But subsequent scribes must have changed the
order of these texts on account of their ignorance of the meaning of
the Arabic text and the places where they should be applied.
For aid in reference the following table is prepared:
Article of Corresponding Arabic
Luwaran marginal quotations
1 1
2 2
3 3
4 4
5 4
6 8, 9
7 7
8 12
9 ----
10 ----
11 14-16
12 ----
13 ----
14 17
15 18, 19
16 19
17 20, 21
18 23
19 26
20 25
21 13
22 27
23 30
24 29
25 31
26 32
27 33
28 34
29 36
30 37
31 38
32 39
33 40
34 41
35 42
36 43
37 44
38 45
39 46
40 47
41 48
42 49
43 50
44 51
45 52
46 53
47 54
48 55
49 56
50 57, 58
51 59, 60
52 61-63
53 64
54 65
55 66
56 67-69
57 70-72
58 73
59 74
60 75, 76
61 78
62 79
63 81
64 82
65 83
66 84
67 85, 86
68 87
69 88
70 89
71 90
72 91
73 92
74 93
75 94
76 95, 96
77 97
78 98
79 99
80 100-103
81 104
82 105
83 106
84 107
85 108
TRANSLATION OF THE ARABIC MARGINAL QUOTATIONS OF THE LUWARAN
1. The person in charge of a property the subject of a suit has the
first right to that property; his right must, however, be confirmed
by oath. If both parties have charge of the property, their rights
shall be regarded equal, and both parties shall take oath.
2. The compensation for a slave shall be equal to his value. The loss
of a limb shall be compensated for by the amount by which that loss
reduces the value of the slave.
3. No indemnity shall attach to the loss or damage of an article
borrowed if such loss or damage be incurred in the proper use of
such article.
4. The plea of the defendant in reference to the loss of a borrowed
article shall be confirmed by oath. In cases of doubt the loss shall
be established first by evidence, and the plea of the defendant shall
then be confirmed by oath.
5. If the borrowed article or property is subjected to insecurity or
danger, responsibility shall attach to such an action.
6. No suit shall be triable after the lapse of fifteen years from
the date of the act giving rise to the suit. Imam Shafii restricted
the application of this law to cases where the plaintiff and the
defendant live in one town, and where the delay was avoidable.
7. Lost or damaged finds shall be compensated for in kind or in value.
8. A find shall be the property of the finder irrespective of his
religion or character.
9. The find shall be delivered to its owner, if the owner is known. The
finder shall be held responsible for loss of the find or damage to
it as long as the find is in his charge.
10. Property seized by force shall be returned to its owner
with compensation for any loss that may have been incurred by the
seizure. If the seized property be lost, the seizer shall compensate
for the loss in kind or in value.
11. If the seizer and the owner differ concerning a defect in the
property, the owner's statement shall be valid if confirmed by oath.
12. God said, "To you believers I say, you shall not enter the houses
of others without their permission."
13. Mohammed said, "Whoever enters the house of another shall be
responsible for the loss that may occur therein."
14. If a divorce occurs after marriage but prior to sexual intercourse,
half the dower shall be paid. If the divorce occurs after sexual
intercourse, all the dower shall be paid.
15. No dower shall be paid if the marriage contract is broken prior
to sexual intercourse.
16. The expenses of the marriage feast shall not be recovered.
17. A gift conditioned on compensation may be recovered in kind
or value.
18. The will of the giver and the acceptance of the receiver shall
determine the gift.
19. A gift not conditioned on compensation shall not be recoverable.
20. A thief shall have his hands cut off.
21. The thief shall return the stolen property or compensate for
its loss.
22. The confession of the thief and the oath of the plaintiff shall
confirm the theft.
23. The plaintiff's oath if corroborated by evidence shall confirm
the theft.
24. If the statement of the defendant begins with confession and ends
with denial, the confession shall be regarded valid.
25. The testimony of a minor or insane person is null.
26. The testimony of a slave shall be valid when it bears a
disadvantage or punishment to himself.
27. A slave shall not be contracted with or loaned without the
permission of his master.
28. A slave shall be liable for the payment of a debt contracted
prior to liberation.
29. If the vender and the vendee differ as to the time a certain
defect developed in the property sold, the vender's claim shall be
sustained if confirmed by oath.
30. Differences between the vender and the vendee as to the amount or
price of the property sold or date of the purchase shall be subject
to oaths by both parties.
31. If a defect in the purchased property is recognized after the
conclusion of the sale, the property may be returned to the vender,
who shall retain of its price an amount equal to the reduction in
the value of the property occasioned by the discovery of the defect.
32. The occurrence of a defect in a slave after the conclusion of the
contract does not constitute a right by which the vendee can revoke
the sale contract.
33. If a person purchases a slave and later presents a defective
slave and requests the revocation of the purchase contract, and the
vender denies the identity of the slave, the vender's statement or
plea shall be sustained if confirmed by oath.
34. If a defect is observed during prayer or meals or at night,
notice thereof may be delayed for the time necessary to finish the
prayer or meal, or overnight.
35. Other nonpermissible delays annul the right to revoke a sale
contract.
36. If a debtor is sued by the legatee of the creditor and makes the
plea that the debt was canceled, the legatee shall take oath to the
effect that he has no knowledge of the cancellation of the debt.
37. A sale contract may be revoked if it does not define the price
of the property sold.
38. The right to property justifies breaking a door or breaking through
walls for the purpose of securing it, or its equivalent in kind.
39. If a person spies on the wife of another person through cracks
or holes in her house and an occupant throws a stone at him which
hurts or kills him, no fault shall attach to such action.
40. If the owner of a cat is warned of the fact that his cat eats
fowls or provisions of others and the cat repeats such an act, the
owner of the cat shall be held responsible for its action.
41. If a woman is held as security for debt, and her trustee cohabits
with her, without the knowledge and consent of the debtor, his
action shall be regarded as adultery and he shall pay her dower. If
such cohabitation is with the consent of the debtor, no blame shall
attach to such action, but the creditor shall pay her dower. The
child born under such conditions shall be regarded as a free child,
but his value shall be paid to the debtor.
42. In cases of difference between the debtor and the creditor in
reference to the security and its value, the debtor's statement shall
be sustained if confirmed by oath.
43. The creditor shall not be held responsible for the unavoidable
loss or destruction of the security.
44. In cases of difference between the principal and his agent in
reference to the compliance of the latter with the instructions of
the former, the statement of the principal shall be sustained if
confirmed by oath.
45. The penalty for adultery committed with a married woman shall be
eighty lashes.
46. If an agent is intrusted with the payment of a debt of his
principal and is sued by the creditor for his failure to pay the debt,
the statement of the creditor shall be valid if confirmed by oath.
47. The penalty for adultery committed with an unmarried woman
is, according to the letter of the law, stoning to death of both
adulterers. This is generally reduced to 100 lashes for each offender.
48. The judge shall first hear the evidence of the plaintiff if he
has any, and render judgment accordingly. If no evidence is produced,
the statement of the defendant shall be valid if confirmed by oath.
49. The punishment for adultery committed by slaves is fifty lashes.
50. In stoning adulterers both men and women shall be buried to the
level of the chest and the stones shall be of medium size.
51. If a man has sexual intercourse with the slave of another man
and she dies during childbirth, he shall pay a fine equal to her value.
52. If a married Mohammedan is killed by a Christian on account of
adultery, the Christian shall be put to death; but if he is killed
by another Mohammedan, the latter Mohammedan shall not be put to death.
53. If a plaintiff proves by evidence his ownership to a certain
animal or tree, he shall be entitled to the future produce of that
animal or tree.
54. If a person secures a lease on a certain piece of land for the
purpose of cultivating it, he shall be bound by the terms of the lease
whether he cultivates the land or not. The payment is generally made
at harvest time.
55. If a slave runs away from his master and seeks refuge in the
house of another person who knows the master of the slave and such
person does not inform the master of the slave of the fact, such
person shall be held responsible for the slave whether the slave
stays with him or runs away again.
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).
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.
93. A will can not exclude legitimate heirs in the interest of one
heir alone, except with the consent of the excluded heirs.
94. A person may recover his property directly if that can be done
peaceably; otherwise he shall submit the case to the judge.
95. To be legal and binding the instructions and the trust of a
principal must be authentic.
96. The agent must be capable of independent action and must be of
age and sane. The agent shall not be a minor or insane.
97. In case of involuntary collision attended with the death of both
parties, the respective heirs shall pay a light fine. (This is intended
to secure aid for funeral expenses.)
98. If the collision is intentional, the fine shall be heavy. If
only one party intended the collision, such party shall be punished
on the merits of the case.
99. Minors and insane persons shall be judged like sane adult
people. (This has reference to conditions similar to those of the
two preceding cases.)
100. Male children, whether single or multiple, shall inherit all
the estate of the parents.
101. A daughter shall inherit one-half.
102. Two or more daughters shall inherit two-thirds.
103. In case of multiplicity of children, males and females, the
male child shall receive twice as much as the female child. The word
of God said: "This command God gives you concerning your children,
the male shall have the shares of two females."
104. God said: "Each man shall have half of the inheritance of his
wife if she have neither a child nor a grandchild born of a son."
105. God said: "If a man's wife dies and leaves a child or a grandchild
born of a son, he shall have a quarter of her inheritance."
106. God said: "If a husband dies without a child or a grandchild
born of a son, the wife shall inherit a quarter of his estate."
107. God said: "If a husband dies and leaves a child or a grandchild
born of a son, the wife shall inherit an eighth part of his estate."
108. The father, the son, and the husband can not be disinherited.
TRANSLITERATION OF ARTICLES I-VIII OF THE LUWARAN
Bismi-l-Lahi-r-Rakmani-r-Rahim. Alhamdu lillahi-l-lazi hadana lil
iman wal islam, wa sálla-l-Lahu ala sáyyidina Muhammad wa ala alihi
wa sahbihi ajmain.
Article I. Nini isa a húkum. Amayka adun uttuntuta a duwa a taw atawa
i ya tigu sakataw tamúkku inín ya manum tigu sakataw tamúkku inín, i
ya bunárun su uppákakámal kanu tamuk sarta ussápanin. Amáyka silandun
a duwa kataw uppákakámal kanu tamuk sapan silan a duwa kataw; amayka
ussápa silan a duwa kataw badun sakanilan su tamuk sapapagíssanun.
Amayka ya bu ussápa su sakataw ya bu makákwa kanu tamuk su ussápa
salkanín su tamuk. Hatta wal-Lahu alam.
Article II. Nini isa a húkum. Anunu sumu´mbay su isa a taw kanu pudin
unggu dun mádadag su sinumbayan, báliwanan dun kanu háraganin. Píssan
rinámpas su sinu´mbayan u kanu sinumu´mbay báliwanan dun kanu
háraganin unggu úmanan sa undáwi (ndáwi) kapatúta kaúmanun kanu tamuk
u nádadag. Hatta tamat al-Lahu alam.
Article III. Nini isa a húkum. Anúnu sumu´mbay su isa ataw kanu pudin
sapárati patuk atawa tambuku unggu dun matupud su patukatawa mágbang
atawa mádagag su tambuku, amayka ya katupudu patuk atawa ya, kakbángu
patuk atawa ya kadádagu tambuku su átagu kina-su´mbayninún unggu dikna
táksir su sinumu´mbay dili kabáliwanán su sinumbayan. Amayka sin
itímbas su Patuk sa átaga ig atawa sin itímbas kanu sápun a tamlang
undu dili íktan su patuk unggu dun mádadag disadíli baliwanan dunu
sinumumbay su sinumbaynin. Tamat wal-Lahu alam.
Article IV. Nini isa a húkum. Anunu malidu duwa kataw i ya, tigu
sakataw su utángku nábayadángku dun, i ya manum tigu sakataw dalaka
makabáyad, amayka dala sáksi nu duwa kataw bunárun su panúntut sarta
ussápanin; amayka dili ussápa, i ya bunárun su pudtuntutan. Tamat
wal-Lahu alam.
Article V. Nini isa a húkum. Anunu itágunu isa ataw su tamukin kanu
púdin, máwli nggu dun kuwánu (kwánu) tinumágu su tamukin, i ya tigu
tinágwan kinwanungka dun atawa ya nin tig nádadag, amayka dala saksi
nilan a duwa kataw ya bunár su tinágwan sarta ussápanin. Tamat
wal-Lahu alam.
Article VI. Nini isa a húkum. Anunu su támuku taw a nadagag sábap sa
natágakin nggu dun matunu isa a taw nggu nin dun itábun, mawli nggu
dun maylaynu ugkwan kanu támuk i ya nin tig támuku inín a natagákku,
i ya tigu nakatun dikna nungka tamuk dan dun a tamuku; amayka adun
saksi kanu tamuk a natun a dikna tamuk a dan dun sabap sa támuk a
natun, yuli su tamuk sarta úmanan su undáwi kapatútin, isa a dúdan
atawa duwa a dúdan. Tamat wal-Lahu alam.
Article VII. Nini isa a húkum. Anunu rinámpas su támuku taw wájib
i yulinu rinumámpas sarta úmanan sa kiira kiranu gúnanin kanu
kínarámpasun. Tamat wal-Lahu alam.
Article VIII. Nini isa a húkum. Anunu mánik su taw kanu walaynu salakáw
sálkanin a dikna kiyúgu ugkwan kanu walay unggu dun malipungu't su
gkwan kanu walay, amayka mágabi masála su minánik sa pata dúdan. Tamat
wal-Lahu alam.
SULU CODES
THE PRINCIPAL SULU CODE
This code was prepared by Sultan Jamalu-l-A'lam and was used without
any modification by Sultan Harun. The present sultan's minister, Hajji
Butu Abdul-Baqi, has made a new code which has just been proclaimed,
but which has not yet met with general approval.
This copy of the old Sulu Code is the original which was used by the
Sultan Jamalu-l-A'lam himself, and also by Sultan Harun. It was written
by Asmawil, the chief clerk and minister of Jamalu-l-A'lam. The
manuscript was secured from Sheikh Mustafa, former minister to
Sultan Harun.
This code differs considerably from the former one used by Sultan
Pulalun, the father of Jamalu-l-A'lam, which was more in conformity
with the letter of the Quran, much more severe in its sentences;
hence the change was welcomed.
INTRODUCTION
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.
(b) Theft of property of the value of one kusta and over is great theft
(grand larceny) and shall be punished by fine as provided in section
one: Provided further, That the articles of property stolen shall be
restored to the owner or owners thereof, and the thief shall suffer
one hundred lashes.
The fine shall be divided between the person robbed and the governor
(the chief usually acts as judge), in the following manner: When no
trial shall have been held, the robbed party shall receive seven
parts and the governor three parts; if a trial is held, the fine
shall be divided equally between the governor and the party robbed,
whether he be a person of rank or otherwise.
(c) If the thief is a great or noted person or a governor, the fine
shall be doubled.
(d) The same penalty shall be applied to all persons convicted of
theft, whether male or female.
(e) In all cases of theft the stolen property shall be restored to
the owner or owners thereof.
(f) The buyer of stolen property shall be regarded as a thief unless
he proves the truth of the sale in the presence of the governor. If
he fails to have the seller examined and brought before the governor,
he shall be regarded as a partner in the theft.
Article III
Section 1. A false claim to property or debt shall be regarded as
theft and shall be adjudicated accordingly.
Article IV
Section 1. Whoever exacts a claim by force without the permission or
direction of the governor shall return whatever he exacts and forfeit
his claim; and in case the claim is not substantiated he shall return
the exacted object, and shall be fined two pieces of calico, to be
equally divided between the governor and the person from whom he
has exacted.
Article V
Section 1. Complainants who disagree upon the authority before which
they should appear shall come to a panglima. In case they do not agree
upon a panglima they must come to the sultan. But in case they agree,
it is preferable that they should appear before the local governor
or authority.
Article VI
Section 1. Whoever attempts to kill and kills a freeman shall be
fined fifty pieces of calico as blood money, also twenty gajahilaw
to be paid to the governor.
Whoever attempts to kill, but fails to kill, a freeman shall be
fined twenty-five pieces of calico, to be paid to the attacked party,
and ten gajahilaw to be paid to the governor.
Cases of unintentional and accidental killing and cases where the
killing is done by an undetermined party shall be regarded alike. The
blood money in each case shall be thirty gajahilaw.
Note.--In case a murder occurs in a neighborhood or village,
and the actual murderer is unknown, the blood money is paid by
the people of that neighborhood or village. They pay the full
amount of blood money in case they do not swear to the effect
that they did not commit the murder, but in case they swear to
that effect they pay only half the fine.
Article VII
Section 1. The fine for marriage by abduction [17] shall be six pieces
of calico and the woman's dower [18] shall be doubled. In case the
dower is expressed in terms of slaves, the value of the slave shall
be considered equal to four pieces or gajahilaw. The price of the
bride, usually paid to the parents of the woman, in ounces of gold,
called in Sulu basing, will be paid at the rate of one gajahilaw for
a basing. The governor's share of the fine shall be four gajahilaw.
Sec. 2. The fine for elopement is four gajahilaw and the dower shall
not be doubled. The slave's rate of exchange shall be four gajahilaw
in case it is the custom of her family to receive actual slaves as
a dower. The basing's rate of exchange is one gajahilaw.
In case the slave dower is nominal, the slave's rate of exchange
shall be three gajahilaw of calico, and the basing one piece of kusta,
of low grade.
Sec. 3. In case of seduction admitted or disguised, marriage shall
be concluded if the woman requests it. The man shall be fined two
gajahilaw and the woman shall be treated as if she eloped. In cases
of actual slave dowers, the slave's rate shall be four gajahilaw
and the basing one gajahilaw. In cases of nominal slave dower, the
slave's rate shall be three gajahilaw and the basing's one piece of
kusta of the low grade.
Sec. 4. Compulsory marriage is treated as marriage by abduction.
Sec. 5. (a) If adultery is committed with a panglima's wife, the
man shall be fined fifty gajahilaw, which can not be exchanged with
anything except gold, silver, brass drums, or lantaka. If unable to
pay, the man himself shall become the property of the panglima. [19]
(b) If adultery is committed with the wife of a maharaja pahlawan,
[20] the man shall be fined forty gajahilaw; which can not be exchanged
except as in the previous case.
(c) If adultery is committed with the wife of a subordinate officer
of state or a country pandita, or an agent of a governor, the man
shall pay a fine of thirty gajahilaw, unexchangeable except as in
section five (a).
(d) If adultery is committed with the wife of a pandita who is in
the council or in the capital of the sultan, the man shall pay forty
gajahilaw.
(e) If adultery is committed with any married woman, the man shall pay
a fine of twenty gajahilaw, unexchangeable except as in section five
(a).
(f) If a married woman commits adultery with her own consent, she
becomes a slave to her husband; but if it is compulsory and without
her consent, she will not be subjected to slavery; it is her duty
then to tell her husband or his nearest relatives of the fact at the
earliest opportunity--the next morning in case it occurs at night.
(g) If a male slave commits adultery with a free married woman,
the slave becomes the property of the husband of that woman.
(h) If a free man commits adultery with a married female slave, the
decision will be the same as if the crime had been committed with a
free married woman.
(i) If a male slave commits adultery with a married female slave
against her consent, the male slave becomes the property of the master
of the married female slave; but if the crime is committed with her
consent, she becomes the property of the master of her husband. Her
master pays the fine due the governor.
(j) If a man commits adultery with the sister of his wife, his wife
not being divorced, he will be judged as if he had committed adultery
with the wife of another man.
All the subordinate officers [21] of state are hereby requested to
exercise all care in administering justice to all who come to them for
judgment and decision. They should all adhere to the seven articles
of Mohammedan law and be deliberate in their just application.
In case any complainant appeals to one of you from the decision
of another authority, do not accept the appellant's statement and
render your decision unless you inquire well about the case from
the previous authority who judged it. In case you find the decision
of that authority wrong do not be ready and quick to blame him and
criticise him, but try to act in conformity and union. In case you
find his decision right, notwithstanding the appellant's complaints,
bring both the appellant and the appellee to the panglima. If the
panglima can not render a solution, he should bring them to the sultan,
together with the authority from whose decision the appeal was made
and the authority to whom the appeal was made.
If the governor or the authority to whom they appeal does not
investigate or inquire about the case from the governor from whom
they have appealed, his decision shall be null and void.
Any person who exercises the right to judge without authority from
the sultan shall be fined one male slave.
All governors and their subjects ought to abide by and aid in carrying
out all the articles of this code. Any person who does not fulfill
this duty will have all the curses and the calamities of this world
and the world to come that befall the man who swears falsely by the
thirty parts of the Quran.
THE NEW SULU CODE
The new code is a rearrangement of the old code with some changes
and modifications. Its author is Hajji Butu Abdu-l-Baqi, the present
prime minister or adviser of the Sultan Jamalu-l-Kiram the Second. It
was issued in the latter part of 1902, but there has been so much
objection to it on the part of many datus and chiefs that its general
adoption seems impossible.
For a Sulu Hajji Butu is a man of talent and understanding. He knows
some Arabic and is probably the best Sulu scholar in the Archipelago.
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.
Sec. 2. (a) If a free person is abducted, the fine shall be divided
equally between his agnate and cognate heirs and the treasury.
(b) The abducted person should be returned. No one except the child
or wife of the abductor, in case the abductor is a free man, can be
substituted for the abducted person.
(c) If a free person is abducted by a slave, the master of the slave
will be held responsible. If the abducted person is not returned,
the abducting party, whether one person or many, will be taken instead.
(d) Small thefts below the value of one peso shall not be punishable
by fines. The stolen object shall be returned twofold and the thief
shall suffer fifty lashes.
Article II
Section 1. Murder is of four kinds--the first is intentional; the
second, semiintentional; the third is accidental; the fourth, murder
committed by a crowd.
Sec. 2. The fine for intentional murder shall be one hundred and five
pesos; seventy for the agnate and cognate heirs of the murdered person
and thirty-five for the treasury.
Sec. 3. An attempt to kill that does not result in death shall be
punished by a fine of fifty-two pesos and a half; thirty-four pesos
and a half shall be paid to the near relatives of the attacked or
injured person and eighteen pesos shall be paid to the treasury.
Sec. 4. All cases of semiintentional and of accidental murder and
cases of murder committed by a crowd shall be treated alike and fined
equally. The fine shall be fifty-two pesos and a half; thirty-four
pesos and a half shall be paid to the heirs of the murdered person
and eighteen pesos to the treasury.
Sec. 5. If more than one person is killed, one hundred and five pesos
shall be paid for each person killed as his blood money.
Article III
IMMORAL CONDUCT
Section 1. If a married woman commits adultery, she shall become
the slave of her husband, and the guilty man shall pay a fine of one
hundred pesos to the treasury, and in case he can not pay that sum
he shall become a slave himself.
Sec. 2. If a married woman is simply guilty of immoral conduct, such as
a kiss or an embrace with another man, and quickly reports the facts
to her husband or his immediate relatives, her conduct will then be
regarded as compulsory and she will not be liable to any punishment;
but the man shall be liable to a fine of one hundred pesos, half of
which shall be paid to the husband of the woman and the other half
to the treasury.
Sec. 3. The abduction of a woman and cases of compulsory marriage
shall be treated alike. The guilty man shall pay a fine of fifty pesos,
out of which the treasury shall receive twenty pesos.
The woman's dower under such circumstances will be like that of her
mother, and nothing else of the usual formalities shall be given to
her people.
Sec. 4. In cases of seduction, admitted or inferred by the woman's
request to marry the man, both man and woman shall be fined. The man
shall pay a fine of fifty pesos, twenty of which shall be paid to the
treasury, and the woman shall pay a fine of ten pesos to the treasury.
Sec. 5. Cases of elopement are considered as seduction, though there be
no actual sexual intercourse between the man and the woman, because
elopement occurs by the mutual consent of both parties.
Sec. 6. (a) In case a woman was regularly engaged and has lost her
virginity, her dower and her basingan (the bridal price expressed in
ounces of gold, and paid to the parents of the bride) and all other
gifts shall be returned to her husband. The expenses of the marriage,
as of rice and meat, etc., shall not be paid back.
(b) But in case a woman who has lost her virginity is abducted or
married by compulsion, the husband shall forfeit all claim to her
dower or her basingan, etc.
Sec. 7. (a) If a male slave commits adultery with a married free woman,
he becomes the slave of her husband.
(b) If a free man commits adultery with a married slave woman, he
becomes the slave of her husband.
(c) If a male slave commits adultery with a married female slave,
he becomes the property of her master.
(d) Cases of seduction or marriage between slaves, in which the woman
is a maid, shall be treated the same as if they were free persons,
except that the fines shall be half as much.
Article IV
OPPROBRIUM
Section 1. An adult who insults, abuses, defames, or slanders another
adult, without any provocation or in a way that is inappropriate to
the guilt committed, shall, if brought to trial, be fined ten pesos.
Sec. 2. Children who commit the aforesaid offense are not liable
to trial.
Sec. 3. If in such cases an adult interferes with children and hurts
a child, he shall compensate for the harm done.
Sec. 4. If in such cases an adult interferes with children and he
hurts himself, he forfeits all claim for compensation.
Sec. 5. Women who commit the same offense shall, as in the case of
children, not be liable to trial.
Article V
TRADE AND EXCHANGE
Section 1. Under this article is included the sale or exchange of
slaves, cattle, arms, and all commodities.
Sec. 2. Whoever trades or exchanges without the knowledge and the
authorization of the governor or his representative shall be fined
seventy pesos. Each party to a sale or exchange, no matter what the
rank of the person may be, shall pay the fine. All of the fine shall
go to the treasury.
Sec. 3. To buy a stolen article is the same as to steal it.
Article VI
FALSE CLAIM
Section 1. A false charge, a false claim of debt, and a false complaint
or suit shall be regarded as cases of robbery.
Article VII
UNLAWFUL EXACTIONS
Section 1. Whoever exacts or enforces a claim without either the
permission or the advice of the governor shall forfeit that claim
and all rights to a just trial of the case.
Sec. 2. If a person fails to respect or disobeys the advice or decision
of the governor, he shall forfeit his right to the contested object.
Sec. 3. If a person is not sure of the exact amount of the claim
he exacts, he shall forfeit his right, and shall return the amount
exacted, and pay a fine of ten pesos, to be divided equally between
the governor and the treasury.
Sec. 4. (a) If a fight starts unexpectedly between two parties and
results in harm to a third noncombatant party, the combatants shall
be held equally responsible for the harm.
(b) If the harm in the above case amounts to death, both combatants
shall be liable for the blood money and the crime shall be regarded
as intentional murder.
(c) If harm in the same case falls short of death, the combatants
shall be liable for half the blood money and a fine of twenty pesos,
to be paid to the treasury.
Sec. 5. Whoever attacks or invades the house of another without the
permission of the governor and causes the death of another party shall
be guilty of intentional murder and shall be liable for the blood
money of the person killed and a fine of twenty pesos to the treasury.
Sec. 6. (a) If in the above case the attacking party is killed the
blood money shall be forfeited.
(b) If the attacking party is only injured, he shall be liable to a
fine of twenty pesos and shall pay for all that is lost or destroyed
by reason of his attack.
(c) If the attacking party is multiple, each person shall be liable
to a fine of twenty pesos, no matter how many they may be, but the
damage done shall be compensated for by the leader or instigator of
the attack alone.
Article VIII
DEBT
Section 1. The creditor shall ask and investigate about the debtor
from those who know him and shall also inform the heirs of the
debtor concerning the debt to be contracted, for in case the debt
is contracted without the knowledge of the heirs and the debtor dies
the heirs shall not be held responsible for the payment of the debt.
Sec. 2. In case the debtor dies and leaves property inheritance and
wives and children, his debt shall be paid from that inheritance.
Sec. 3. A debt is void unless it is called for before the lapse
of three years in case both debtor and creditor live in the same
town. This shall not hold true in case they live in two different
towns, especially when they are separated by sea.
Article IX
FINDS
Section 1. The finder of any property, whether it be a horse or head
of cattle, or a runaway slave, or any forgotten or fallen article,
shall be rewarded, no matter who finds it.
Sec. 2. The customary reward for a find is at the rate of one cent
for every dollar's worth of the find.
Sec. 3. In case the find is made within the limits of the town and
belongs to a member of the same party, it shall be returned without
any reward.
Sec. 4. Any person who makes a find shall make it known to the public,
or bring it to the governor, or return it to its owner. If this is
not done, and the find is not submitted to the governor within seven
days, the case shall be regarded as robbery and the finder shall be
fined seventy pesos, to be paid to the treasury. The same rule shall
govern similar cases that occur out in the country or on the sea,
except that the fine shall be equally divided between the governor
and the treasury. The share that belongs to the treasury shall be
intrusted to the governor for safe-keeping and future payment to the
treasury. Any dishonesty committed in this matter will be a sin that
results in loss both in this world and in the world to come.
Article X
All subordinate officers of state are hereby enjoined to exercise all
care and justice in their judgments and to adhere with all devotion
to the seven articles of Mohammedan law.
In case any complainant appeals to one of you from the decision
of another authority, do not accept the appellant's statement and
render your decision without inquiring well about the case from the
previous authority who judged it. In case you find the decision of that
authority wrong, do not be ready and quick to blame and criticise him,
but try to act in conformity and union.
In case you find his decision right, bring both the appellant and the
appellee to the panglima. If the panglima does not furnish a solution,
he shall bring them to the sultan, together with the authority from
whose decision the appeal was made and the authority to whom the
appeal was made.
If the authority to whom they appeal does not investigate or inquire
from the authority from whom they have appealed, his decision shall
be null and void.
Any person who exercises the right to judge without authority from
the sultan shall be fined one male unmarried slave.
All governors and their subjects shall abide by and aid in carrying
out all the articles and provisions of this code. Any person who does
not fulfill this duty will have all the curses and the calamities of
this world and of the world to come that befall the man who swears
falsely by the thirty parts of the Quran.
CHAPTER III
TWO SULU ORATIONS
THE SULU ORATION FOR THE FEAST OF RAMADAN
(Written in the six semicircles)
PRAISE BE TO GOD. GLORY BE TO GOD. THERE IS NO GOD BUT GOD. GOD
IS ALMIGHTY
This oration was finished at noon, Friday, the 29th of Rabi-el-Akhir,
in the year 1321 Hejira.
In the name of God the Compassionate and Merciful. God is greatest. God
is exalted. He is the Master of the World and the King of the Universe
who rules with conquering power. Invisible to the eye, He is visible
through His power and might. His is all the power and glory. His is
all kindness and glory. He is the Almighty and the Ruler of All. He
is everlasting and never dies. There is no God but He. Everything
vanishes but the face of God. He is our Governor, and to Him all shall
return. Before Him the learned men are humiliated; and the mighty
humble themselves in His presence. All the prophets have spoken of His
Lordship; and all the men of old have borne witness to His unity. All
the men of learning have spoken of His eternal being. The wise men are
unable to give an adequate description of His attributes. All that
is in the earth and the heavens acknowledge His worship, and praise
Him day and night without ceasing. God is greatest. He is the Lord
of Lords and the Liberator of the World. He inspired the Book and
commands the clouds. He overcomes all difficulties. He is the Cause
of all Causes. He opens all doors and answers all who call Him. The
Lord has said, "Call Me, and I shall answer you. All who despise My
worship shall enter hell." God is almighty. All the heavens praise
Him. The sandy deserts, the shades and all darkness, on the right and
on the left, praise Him morning and night. There is nothing that does
not sing His praises; but you can not understand their praises. Oh,
how kind and forgiving He is! God is almighty. All the angels praise
Him. The heavens, the earth, the mountains and hills, and all the
birds praise Him. Praise and glory be to Thee, O Lord. Thou art the
Lord of Indescribable Might and Honor. Peace be to the missionaries,
and praise to God, the Lord of the Universe.
Here the orator shall repeat, "God is almighty," seven times,
then say the following:
God is Almighty. Praise be to God, the God of Kindness and of Grace,
who ordained that the faithful should observe the month of fasting and
gave them at the end thereof a feast, to all whether near or far, in
token of His hospitality and generosity. Let us praise him always. He
is righteous and all sacredness. The King of the Universe, land and
sea. He ordained for the Mohammedans the two feasts, Ramadan and that
of the Sacrifice. I bear witness that there is but one God, who is
alone without a partner. He made the two feasts for the observance of
all Mohammedans and the time of their celebration the greatest season
of the year. I testify that Mohammed is His servant and apostle. God
bless Mohammed at all times and through all ages. Oh, you people, fear
God. May God have mercy on you fellow-Mohammedans and brothers in the
faith. He has sent down to you this exalting and magnifying day as an
expression of his generosity and hospitality. On this day He permits
you to feast and forbids you to fast. Respectful observance of this
day is pleasing to God and he who so observes it shall be greatly
blessed. Charity on this day is highly acceptable. All you ask on
this day shall be given you. On this day every call is answered. The
prophet, God bless him, said, "On this day give charity for everyone,
male and female, for every free man, for every slave, for the young,
and for the old give a measure of flour or a measure of dates,
a measure of rice, a measure of raisins, or a measure of barley, or
whatever you eat on this day give as charity for all the people who are
of your religion, of your nation and under your law. This will atone
for your sins and all your misdeeds during the days of fasting." The
prophet, God bless him, has said, "He who fasts the month of Ramadan
and withholds his measure of charity on the feast day, his fasting
shall not be acceptable to God, and he shall not reach heaven, but
shall be stopped halfway between earth and heaven." The prophet said,
"He who fasts the month of Ramadan and follows it with six days of
Shawal shall be regarded as if he had fasted forever." May God make
us successful and honest and enlist us in the ranks of His faithful
followers. The best of all speech is the word of God, the All-knowing
King, the Exalted and the Respected. God himself, whose word is perfect
truth, said, "When the Quran is read, listen to it with attention,
that ye may obtain mercy."
When the Quran is read, ask refuge in God from the accursed
devil. Jesus, the son of Mary, said, "God our Lord, send us a
table from heaven that we may all, from the first to the last,
feast thereon." Be Thou generous to us for Thou art the best of all
givers. Exalted is God the true King. There is no God but God, the
Lord of the great throne. He who calls another god whose deity he can
not prove shall render account to the Lord his God. Infidels can not
succeed. Say my Lord, forgive me, and have mercy upon me. Thou art
most merciful.
He who may deliver this oration shall here repeat the chapter of
the salvation, after which he shall rise and read the following
oration twice, and shall say, "God is Almighty," seven times:
God is Almighty. Praise be to God, whose praise is exalted and
glorious. I testify that there is no God but God, and that He is alone
and has no partner. I bear witness that Mohammed is his servant and
apostle, and the bright light of the world. May God bless Mohammed
and all his people and descendants. Oh, ye people, depart from evil
and draw near to good. Avoid excess and ye shall be happy. God and
His angels bless the prophet. Ye who have faith bless Him also. Ye
servants of God answer His call, and bless Him through whom God has
directed you. O God, bless Mohammed and his descendants, for he has
directed us to paradise and the roads that lead thereto. O God, bless
Mohammed and his descendants because he warned us of the fire and
its evils. O God, forgive his followers, and his caliphs Abu-Bakar,
Omar, Othman, Ali, Talhat, Zubayr, Abdu-r-Rahman the son of Awf,
Sa'din Saidin, and Abi Ubaydat, because they are the princes of
the faithful and the best of all people. O God, forgive all other
followers and friends of your prophet, and all who follow them. Be
kind to them in the day of judgment. Give them and us mercy, for Thou
art most merciful. O God, perpetuate the power and the victories and
the conquests of him whom Thou hast chosen for the administration and
good management of temporal affairs and religion; he who beseeches the
intercession of the faithful prophet, our master, the Sultan Mohammed
Pudhalun, the son of the late Sultan Mohammed Jamalu-l-Kiram, and
the Sultan, the master, and the noble whom Thou hast chosen, Sultan
Esh-Sharifu-l-Hashim, the kindled light of God; and our thoughtful
and wise master the late Sultan Kamalu-d-Din; and protect the kind and
generous late Sultan Alawa-d-Din, whose descendants became the kings
of the Sulu country. Protect the champion of the Mohammedan religion
and faith, the late Sultan Amirul Umara, and the late Sultan Shah
Muizzu-l-Mutawadhi-in. Protect the power of the generous and victorious
late Sultan Shah Nasiru-d-Din the First. Defend the conqueror, the
late Sultan Shah Mohammed el Halim; defend the intelligent late Sultan
Batara Shah; protect the noble late Sultan Muwalli el Wasit Shah;
aid our great master, the excellent and powerful and the victorious
on land and sea, the Sultan Shah Nasiru-d-Din the Last; aid the just
and honorable and ascetic master, the late Sultan Shah Salahu-d-Din.
O God, support Islam and all Mohammedans. Fight against atheism and
heresy and evil, the enemies of religion. Aid the ever-victorious
Sultan Ali Shah, the great and most superior sultan; sultan of
the land and sea; and his heir, the late Sultan Shah Shahabu-d-Din
Mohammed, who was versed in law and all learning; and the late Sultan
Shah Shafi-d-Din Mohammed Mustafa, the best of all things. Defend
the late sultan and wise Governor Shah Badaru-d-Din Mohammed, the
victorious. May God perpetuate on earth his power, and his kingdom,
and his justice.
O God, support the late Sultan Nasaru-d-Din, the victorious, the
administrator, and the able supporter of our religion; the late
Sultan Alimu-d-Din the First, Mohammed, the prince of the faithful,
the seeker of God's mercy; and the obedient to His will; the late
Sultan Shah Muizzi-d-Din Mohammed, the emigrant, the learned, the
truthful, and the generous; the late patient Sultan Shah Mohammed
Israyil; the late Sultan Shah Alimu-d-Din the Second, Mohammed,
the peaceful, the chosen, and the powerful; the late Sultan Shah
Sharafu-d-Din Mohammed, the merciful, seeker of knowledge, and doer
of good deeds; the late noble Sultan Shah Alimu-d-Din the Third,
Mohammed; the late Sultan Shah Aliu-d-Din Mohammed, the great and
victorious; the late Sultan Shah Shakira-l-Lah Mohammed, conqueror of
atheism and heresy, who was versed in Mohammedanism and monotheism;
the late Sultan Shah Jamalu-l-Kiram Mohammed, the kind and the wise
and beloved of his people, master of truth and good, whom God alone
prevented from making the pilgrimage to the House, and who was patient,
lenient, and good, who encouraged good deeds and forbade evil, and
who was good in his administration. May God perpetuate his kingdom,
his power, his justice, and his kindness. May God forgive him and
his forefathers and be good to all of them and give them a place in
paradise. O God, aid all who befriend him; be the enemy of all his
enemies; uphold all who uphold him; reject those who reject him;
and vanquish those who may vanquish him. Be Thou his help and aid,
and use him as a sword of vengeance against all offenders.
Thou art my God, the God of Truth and Lord of the Universe.
O God, set right our leaders and our nation, our judges, our rulers,
our learned men, our lawgivers, our wise men, and our old men. Aid
them in righteousness, and guide us. O God, destroy the enemies of
our religion and unite the hearts of the faithful. Free the captives
and pay the debts of the debtors. Relieve the distressed and forgive
the living and the dead. God grant peace and safety to us and to
the pilgrims and to the travelers on land and on sea who are of the
people of Mohammed, for Thou art the most powerful, the best Master
and the best Helper.
O God, drive away famine and distress, and disease, and iniquity,
and oppression, and all calamities, and all evils outward and secret
that may exist in our country especially and the countries of the
Mohammedans in general, for Thou hast power over everything. Our Lord,
forgive us and forgive our brothers who preceded us in the faith,
and cast away from our hearts all jealousies and ill feeling toward
the faithful. O God, our Lord, Thou art kind and gracious and generous
and compassionate and able to forgive.
This was written by the poor and humble pilgrim Hajji Abdu-l-Baqi,
who hopes for forgiveness from the forgiving Lord and who was the
son of Twan Hatib Jawari, a native of Sulug and follower of Shafi'i
and Ash'ari.
May God forgive them and all Mohammedans and all the faithful. Amen.
THE SULU FRIDAY ORATION
IN THE NAME OF GOD THE COMPASSIONATE AND MERCIFUL. TO GOD BE ALL
THE PRAISE AND GLORY. THERE IS NO OTHER GOD BUT GOD
This I repeat a thousand times more than others. God is greater, far
greater, than He is thought to be. I testify that there is no God
but God alone. God is one, and only one. He has no partner. God is
the owner of the heavens and the earth and all that is therein. God
is owner of all.
I testify that Mohammed is His servant and His apostle, sent by Him
to guide all people to the true religion, and that His religion may
thereby be exalted above all others, though the unfaithful and the
worshipers of many gods may reject it. We ask Thee, O God, to bless
Mohammed and all his descendants and bestow on them all the blessings
that can be named and all the blessings that can be forgotten. I advise
ye, O people, and myself, servants of God, with fear of God which is
the sign of faith and God's command to us all. Fellow-Mohammedans, the
mercy of God be upon you. Friday is the chief of all days. The apostle
of God said: "The day Friday is the chief of all days." It is greater
than the day of Ramadan and the day of el-Adha and the day of Ashura.
Charity on Friday is preferable to all charity. Good deeds done on
Friday are preferable to all good deeds, and evil done on Friday is
the greatest evil that can be done. The noblest and best men have
testified to its greatness over other days. It is the beauty of all
days and years. It is a pilgrimage that the poor can make once every
seven days. Its observance intercedes for the offender before the
King of Unbounded Knowledge.
It has been told of the chosen prophet that he said: "God registers
the name of the person who leaves out three successive Fridays, on a
tablet on which he keeps the number of liars." The prophet said that
he who leaves out three successive Fridays shall have written on his
forehead when the day of judgment comes: "He has no hope of the mercy
of God." May God bless us and give us all peace.
May it be that God has declared us among the successful and the
faithful and enlisted us into the number of His good servants. The
best of all utterances and constitutions are in the word of God, King
of Unbounded Knowledge, possessor of glory and of all reverence. It
is God the Highest who speaks and who is the truest of all speakers.
When the Quran is read you should listen attentively so that you may
obtain mercy. He said, and His saying is most precious and full of
wisdom, "When you read the Quran ask God's help against the accursed
Satan." I take refuge in God the All Hearing and All Knowing from
the accursed Satan. Oh, ye who have believed, when you hear the call
for prayers on Friday go ye to hear God's word. Leave your business,
for you have a greater good and benefit in this. May God bless the
great Quran for us, and may he benefit us through its texts and the
wise mention of His name. May He reward us all with mercy from the
painful punishment.
I command you, and myself, with what God demands for good obedience
so that you may obey Him. And I prohibit you from doing evil and
from disobedience as He prohibits you so that you may not disobey
him. I pray for the plentiful reward of God for you and for myself,
so that you may seek Him; and I ask the pardon and forgiveness of
God for you and for myself and for all the faithful Mohammedans for
He is gracious and forgiving.
Praise be to God. I praise and exalt God with all my strength and I
testify that, there is no God but God. God is one and only one. God
has no partner. He knows all and has good news for you all. I testify
that Mohammed is the servant of God and His apostle, and a shining
light to the world. We ask Thee, O God, to bless Mohammed and his
people and descendants because he is our preacher and warner. To ye,
Oh, people, I say, fear God, draw near to good, and depart from
evil. God and all His angels bless the prophet. All ye believers
bless him, too. Ye servants of God, obey the call of God, and bless
him who directed you to God. We ask Thee, O God, to bless Mohammed
and the people of Mohammed, for he directed us to paradise and to the
roads that lead thereto. We ask Thee, O God, to bless Mohammed and
the descendants of Mohammed, because he warned us of the fire and
its destruction. We ask Thee, O God, to bless Mohammed because he
conquered the kings of the infidels and their empires. We ask Thee,
O God, to forgive his followers and his successors, Abu Bakar, Omar,
Othman, Ali, Abi Ubaydat, for they are the princes of the faithful
and the best of all people. We ask Thee, O God, to forgive his two
sons, Hasan and Husein, and his two noble uncles, Hamzat and Abbas;
and mayst Thou be kind to all the emigrants and all the allies and
followers till the judgment day, that we may share Thy mercy with
them and through them, for Thou art most merciful. We ask Thee,
O God, to perpetuate the power, the victory, and the valor of
those whom Thou hast chosen for the good administration and good
conduct of our religious and worldly affairs, chief among whom is
he who begs the intercession of the faithful prophet, our master,
the sultan and the pilgrim, Mohammed Jamalu-l-Kiram, the brother
of the late sultan, the pilgrim Mohammed Badaru-d-Din the Second,
both of whom made the pilgrimage to the house Al-Haraam. May God
give them a place with the faithful. They are the children of the
late Sultan Mohammed Jamalu-l-A'lam. May God perpetuate his kingdom
and his power, and his justice and kindness. And may God forgive his
predecessors and his grandfathers and be good to them and give them
a place in paradise. We ask Thee, O God, to be friendly with those
who are friendly with him, and to antagonize them who are against
him; give victory to those who aid him; reject those who reject him;
vanquish those who disobey him, and be his help and helper and make
him Thy sword of vengeance against the offender. O God, my God,
Thou art Truth and the Lord of the Universe. O God, set right our
leaders and our nation, our judges, our rulers, our learned men, our
lawgivers, our wise men, and our old men. Aid them in righteousness,
and guide us. O God, destroy the enemies of our religion and unite
the hearts of the faithful. Free the captives and pay the debts of
the debtors. Relieve the distressed and forgive the living and the
dead. God grant peace and safety to us and to the pilgrims and to
the travelers on land and on sea who are of the people of Mohammed,
for Thou art the Most Powerful, the best Master and the best Helper.
O God, drive away famine and distress, and disease and iniquity,
and oppression, and all calamities, and all evils outward and secret
that may exist in our country especially and in the countries of the
Mohammedans in general, for Thou hast power over everything. Our Lord,
forgive us and forgive our brothers who preceded us in the faith,
and cast away from our hearts all jealousies and ill feeling toward
the faithful. O God, our Lord, Thou art kind and gracious and generous
and compassionate and able to forgive.
NOTES
[1] Throughout this paper foreign words which do not often appear in
an English text are given the same form for both singular and plural.
[2] Mindanao, Magindanao, and a few other words with the same terminal
sound are written in this paper with the final "ao" because they
are well-known words. Other words ending with the same sound are
written with the final "aw," in accordance with the author's rules
for transliteration.--[Editor.]
[3] The word Kabalalan means the place of the rattan, because the
rattan plant used to grow abundantly on the mountain and its base.
[4] This word may be a corruption of the name of the bird Rock or Rokh,
mentioned in the Arabian Nights.
[5] This word is a corruption of the Arabic word Thul-Fakar, the name
of the famous sword of the Caliph Ali. Ali was a noted warrior.
[6] The translation here omits the formal words and repetitions and
simply gives the names of the descendants in order.
[7] Sarip and sharif are both in common use and have the same
meaning. The latter is the Arabic form of the word.
[8] It will be noticed both here and elsewhere that the genealogies
are confused and that often it is not possible to make out in the text
the descent of a given individual. In explanation of this confusion
the translator says: "The Moros do not know any better. This is the
way they write. No attempt was made in the translation to change the
order of the original text."--[Editor.]
[9] It is not clear in Moro who the parents were. These are chosen
pursuant to the general rule that the pronoun refers to the nearest
noun, unless otherwise indicated.
[10] The Malay version said three people, but mentions only the above
two, Akmad and Sapak.
[11] See Pls. I-IV. This manuscript is purely Magindanao in its style
and is the oldest copy that I have seen. The main text is a little
inferior to that of Datu Mastura's copy, but its marginal Arabic
quotations are more nearly correct and better written. The spelling
and the grammar differ in many places, but the general sense of the
text is mainly the same and does not warrant a separate translation.
[12] This copy is in the possession of The Ethnological Survey. It
is not reproduced here because of the expense of half-tone work--the
only satisfactory method of reproduction in this case.
[13] By a full uncle is meant a brother of one's father or mother who
had both the same father and the same mother as one's own father or
mother, as distinguished from a half uncle; so of a full aunt.
[14] These fines are stated in Mexican currency. The peso was worth
about 50 cents, United States currency.
[15] The gajahilaw of siddip or piece of calico used is worth 1.50
pesos. It used to be the rule to demand the son of the abductor as
bail for the return of the abducted free child or person.
[16] The words panglima and pandita are used in a plural sense in
this paragraph.
[17] Abduction and elopement are regarded as crimes by the Sulus. The
consent of the parents is always necessary for the marriage contract.
[18] Dower is a provision for a widow on the death of the husband
or on separation by divorce. It is generally paid or delivered or
guaranteed before marriage.
[19] Such slaves are generally killed by the authority against whom
the offense was committed.
[20] The maharajah pahlawan form the highest grade of maharaja,
their rank being next below that of a panglima.
[21] The term tuku-pipul, which is applied in Sulu to all officers
subordinate to panglima, means the small and large poles or pillars
that support the house.
[22] A panglima pihaq is one of the regularly chosen panglima of the
Island of Sulu. The island used to be divided into five main divisions
for administrative purposes, each of which used to have one panglima
intrusted with its rule.