Sec. 4. If the heirs divide their inheritance before they know of the

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.

Studies in Moro History, Law, and Religion · 第 4 / 4 章