Studies in Moro History, Law, and Religion Part 10

Kuda invited a party of Sulus living in Magindanao to Simway to support him against his nephew. The Sulus came, but finding him with only a small force, they treacherously murdered him and plundered his camp and possessed themselves of many pieces of heavy cannon, which Kuda had transported from Magindanao to Simway. "The Sulus returned home with their booty, and Manamir's party got the ascendency." But the Sulus, conscious of their iniquity and fearful of resentment when peace should be restored, fomented trouble between Manamir and his brother Anwar, and supported the latter. The state was again divided against itself, and the second struggle proved worse than the first. Skirmishes were kept up and nightly attacks and a.s.sa.s.sinations were continued until both sides were very much weakened. Their enmity grew bitter and Malinug, the son of Anwar, killed his uncle Manamir. Manamir was the rightful sultan, and on account of his a.s.sa.s.sination he has ever since been called Sahid Mupat, which means "died a martyr." Pakir Mawlana and Pakaru-d-Din, the sons of Sahid Mupat, were obliged to leave Magindanao, and retired to Tamontaka. "The country then suffered much. The great palace at the town was first plundered and then burned. In the conflagration many of the houses of Magindanao were destroyed, as was also a great part of the town of Slangan. The groves of cocoanut trees were also mostly destroyed, as being convenient and at hand to make palisades for temporary forts."

In the meantime Sultan Anwar died at Batwa and has ever since been referred to as Mupat Batwa, which means "died in Batwa." Malinug a.s.sumed the sultanate after his father's death and kept up the fight.

"After a tedious, desultory war, Malinug fled up the Pulangi to Bwayan. Pakir Mawlana then got possession of all the lands about Magindanao, and peace was made soon after. Malinug died a natural death, and some time later his two sons visited Pakir Mawlana."

Pakir Mawlana was a man of low stature, smiling countenance, and communicative disposition. He acquired a great reputation for wisdom and bravery during the civil war, which he brought to a happy conclusion. He spoke Malay and wrote the best tarsila of Magindanao. Magindanao flourished in his day and regained its former glory and prosperity. His pirates invaded the Celebes and had several encounters with Dutch and English vessels, often with success. His relations with Spain were friendly, but Spain had very little influence outside of the Zamboanga colony.

The greater part of Magindanao was in his days built on the point and the adjacent narrow strip of land which lies at the junction of the Matampay and the Pulangi and between them. A longitudinal raised street began at the point and extended for half a mile to a ca.n.a.l which was cut from river to river. More than 150 houses were situated on both sides of this street. The other part of the town of Magindanao did not exceed 20 houses. The town of Slangan was really continuous with Magindanao and extended for about half a mile down the river, forming one continuous street. Slangan was the larger town and had over 200 houses. Both towns had large numbers of mechanics, vessel builders, and merchants. Many Chinese carpenters, arrack distillers, and millers lived in both towns, but chiefly in Slangan. Gardens and rice fields surrounded the town. The chief datus at that time had forts and kept small bodies of troops as bodyguards and artillery corps to take care of the muskets and guns. Kibad Sahriyal, son of the sultan, had the best and strongest fort at that time. This fort was called Kuta Intang (diamond fort) and was located at the extreme point of the land and commanded the river and the town. The fort had five pieces of cannon, 6 and 9 pounders, and a large number of swivels and lantaka. The Magindanao warriors of those days wore armor coats and helmets and carried krises, spears, and s.h.i.+elds. The natives made gunpowder and secured their saltpeter from a cave near Taviran. They built vessels of all dimensions and cruised as far as Java and the Celebes. Their vessels were always long for the breadth and very broad for their draft of water.

In 1774 Mawlana retired from office in favor of his brother, Pakaru-d-Din. Pakar was a weaker man than his brother and practically had very little control over affairs, and always acted in important state questions with the advice and consent of Kibad, his nephew. During his time the English tried to get Bongo Island and to establish a footing near the mouth of the Pulangi.

Sultan Pakaru-d-Din was succeeded by Kibad Sahriyal, who possessed many of the good qualities of his father and ruled with firmness and success. In the meantime the power of Spain in Mindanao had revived and her forces became active again. Kibad maintained friendly relations with Spain and signed a treaty with her in 1794, in which he promised not to enter into any treaty or agreement with another power.

Like his father he had many wives and concubines and begot many children, chief among whom are Sultan Kawasa and Alamansa Sul-Karnayn.

Kawasa succeeded his father and maintained the dignity of his office and the prosperity of his sultanate. He is often called Anwaru-d-Din (lights of religion) and Amiru-l-Umara (the prince of the princes). He had many children, chief of whom was Intirinu or Amirul.

Alamansa died at Dansalan. He had many children, two of whom were Raja Twa, and Datu Dakula, the prince of Sibugay. Raja Twa begot Untung and Perti. The nation looked to Raja Twa to succeed Sultan Kawasa, but he died before his uncle, and the sultanate fell to his young son, Untung. Intirinu was rejected for family reasons and Datu Dakula was set aside to give representation to the favorite house of Twa.

Untung was known as Sultan Sakandar Qudratu-l-Lah (Alexander, the power of G.o.d). He was also surnamed Jamalu-l-A'lam (A'zham), which means "greatest beauty." Qudrat the Second was the last sultan who observed all the customs and rites of the sultanate. He was young when he a.s.sumed power, and his reign marked the beginning of the downfall of the sultanate and the actual occupation by Spain of the Rio Grande Valley. In the treaty of 1837 he submitted to the sovereignty of Spain and accepted the subordinate t.i.tle of Feudatory King of Tamontaka. Spain appointed his successor and prohibited his people from invading any territory west of Point Flechas. She regulated the licensing of boats sailing beyond Zamboanga and erected a trading house at Paygwan, at the mouth of the Rio Grande.

In 1843 Datu Dakula ceded to Spain the west coast of the Zamboanga peninsula, promised to aid in suppressing slavery, and acknowledged Spanish protection.

In 1845 Sultan Qudrat confirmed the treaty of 1837, with a more definite submission, and allowed the establishment of a Spanish trading house at Cotabato.

This aggression on the part of Spain was prompted by her increased strength and an additional naval revival. Steamboats and improved firearms ended Moro aggression and solved the Moro question. In 1851 Polloc was occupied and was made a naval station. In 1857 Spanish boats advanced as far up as Tambao and drew up a treaty with the sultan of Talakuku in which he acknowledged his surrender and his submission to the authority of Spain. In 1861 camps were established at Cotabato, Libungan, Tambao, Taviran, and Tamontaka.

Sultan Qudrat begot Mamaku, Ambuludtu, Mastura, Raja Putri, and others. Mamaku is the present Raja Muda of Magindanao and lives at Cran, Sarangani. Ambuludtu and Mastura are living at Nuling, about 1 mile above Cotabato. Raja Putri, generally known as the Princesa, was Datu Utu's wife.

Sultan Mohammed Makakwa, the son of Intirinu, succeeded Qudrat. He was the last sultan of Magindanao who lived in Cotabato. The Spaniards paid him a monthly salary of 70 pesos, but kept him under complete control. In his days modern Cotabato was built, and in 1871 it was made the capital of Mindanao. An earthquake destroyed the town that year, and in 1872 it was abandoned as capital in favor of Zamboanga.

Makakwa died about 1883, and his son, Pablu, became sultan. Pablu's full t.i.tle was Sultan Mohammed Jalalu-d-Din Pablu. He lived at Banubu, opposite Cotabato, and was the last sultan who received a salary from the Spanish Government.

In 1884 the Spanish engaged the forces of Idris, the sultan of Talakuku, on the banks of the river at Tambao and completely defeated him. Idris then signed a treaty acknowledging unconditional surrender and submission.

During Pablu's life General Terrero conducted the campaign of 1886-87 against Datu Utu of Bwayan, and the Spanish gunboats destroyed every fort on the river.

Datu Utu resisted the Spanish invasion vigorously and repeatedly, but he was repeatedly defeated, and the Moros of the Rio Grande felt convinced that the arms of Spain were much superior to their own, and have submitted peacefully ever since. Pablu's sultanate was nominal and powerless. In 1888 Pablu died, and the seat of the sultanate remained vacant until about 1896. Pablu died without a male heir. Mamaku, the Raja Muda of Magindanao, did not meet the requirements of the sultanate, so the sultanate pa.s.sed over to the house of Datu Dakula the First. The prince of Sibugay had three sons, Pagat, Puyu or Jamalu-l-Kiram, and Datu Dakula the Second. Pugat, the eldest, begot Mamuppun, the last prince of Sibugay, and Mangigin. Datu Dakula the Second begot Datu Dakula the Third, who lives at k.u.maladan, at the head of Damanquilas Bay. Mamuppun was pa.s.sed over by the council of the datus in favor of Mangigin, the present sultan.

Mangigin is a weak man. After his succession he went to Libungan and lived there during Spanish rule. After the Spanish evacuation and after the attack on Cotabato by Datus Ali, Jimbangan, and Piang, which occurred in 1899, he became fearful of the Saraya datus and returned to peaceful Sibugay, his birthplace and the land of his father.

In her conquest of Mindanao Spain directed her forces against the district of Sibugay first, and then against Mindanao. The district of Sibugay was in a state of complete submission before the Rio Grande Moros were controlled. The subjection of Sibugay advanced to such an extent that in 1896 the region was divided into three districts, to each one of which a datu was a.s.signed by Spanish authority. The datus received orders and directions from the governor of Zamboanga direct, and an annual tax of one real was imposed upon every Subano and Moro male above the age of 18 years.

CHAPTER II

LAWS OF THE MOROS

GENERAL INTRODUCTION

The Mohammedan conquerors of Mindanao and Sulu established a new form of government planned on lines similar to those of the Arabian caliphate, and adopted written codes of law for guidance in the administration of the state. In all probability the art of writing was not known in Mindanao and Sulu prior to the Mohammedan invasion. The author has no knowledge of the existence of any written law among the pagan tribes of Mindanao, nor of any written material that antedates Islam in Mindanao or Sulu. The Moros are not savage, though they seem so at first sight. As early as the end of the fifteenth century they could read and write. Mohammedanism encouraged education and invited learning. The Arabic alphabet was applied to the Mindanao tongue, and old Arabic and Malay books on religion and law were translated into the native Magindanao and Ranao dialects. The Moros of Magindanao have translations of the Quran, Hadeeth, some books on law, some commentaries on the Quran, some magic, and other varied literature. Their original writings in the Magindanao tongue consist of many genealogies and stories.

The Sulu Moros have done the same. They acted independently, but on the same general lines.

The languages of Mindanao and Sulu are members of the general Malayan family of languages, but they differ so much as to render intercourse impracticable without an interpreter. The Moros are several tribes, and each tribe differs as much from the others as the Visayan and the Ilocano and the Igorot tribes differ one from another.

The laws of these tribes are different. They came from similar sources, but they were worked out and compiled separately and independently. The present chapter includes the best official codes of Magindanao and Sulu. The ma.n.u.scripts themselves are undoubtedly authentic and complete. Every care has been taken to render the translations as accurate and complete and useful as possible.

THE LUWARAN; OR, THE LAWS OF MAGINDANAO

INTRODUCTION

The term Luwaran, which the Mindanao Moros apply to their code of law, means "selection" or "selected." The laws that are embodied in the Luwaran are selections from old Arabic law and were translated and compiled for the guidance and information of the Mindanao datus, judges, and pandita who do not understand Arabic. The Mindanao copies of the Luwaran give no dates at all, and n.o.body seems to know when this code was made. They say it was prepared by the Mindanao judges some time ago, but none of those judges is known by name. Datu Mastura's copy of this code was written about 1886, and it is undoubtedly copied from some older ma.n.u.script. The original ma.n.u.script [11] accompanying this code is older still, but it bears no date at all.

The Arabic books quoted in the Luwaran are Minhaju-l-Arifeen, Taqreebu-l-Intifa, Fathu-l-Qareeb, and Miratu-t-Tullab. The first of these, generally known as the Minhaj, is the chief authority quoted. Datu Utu had an old copy of the Minhaj that looked more than two hundred years old. The author of the Minhaj must have lived in the ninth or tenth century. The compilation of the Luwaran must have been made before the middle of the eighteenth century.

Each Mindanao datu is a.s.sisted in the administration of justice by a judge and a vizier. The judge is called Datu Kali. The word kali is derived from the Arabic word meaning "judge." The Datu Kali is the chief pandita of the district and is supposed to be the best-informed man of the community. The pandita is the scholar who can read and write and perform the functions of a priest. The vizier is called "wazir;" he is a pandita, too, and acts in a semijudicial and clerical capacity. Mohammedan law being based on the teachings of the Quran, the chief pandita of the district is naturally regarded as the most competent expounder of the law and the best-fitted person in the community to act as a judge. As the wazir is a pandita, he should be a well-informed and wise man. Some datus are pandita themselves, and some take all matters into their own hands and delegate none of their offices or duties to a judge or a vizier; but this is the exception, not the rule.

In making the Luwaran the Mindanao judges selected such laws as in their judgment suited the conditions and the requirements of order in Mindanao. They used the Arabic text as a basis, but constructed their articles in a concrete form, embodying genuine examples and incidents of common occurrence in Mindanao. In some places they modified the sense of the Arabic so much as to make it agree with the prevailing customs of their country. In a few instances they made new articles which do not exist in Arabic but which conform to the national customs and common practices. The authority of the Luwaran is universally accepted in Mindanao and is held sacred next to that of the Quran. The Mindanao judge is at liberty to use either of them as his authority for the sentence to be rendered, but as a rule a quotation from the Quran bearing on the subject is desirable.

All datus and viziers and all persons acting in the capacity of a chief or a vizier find the Luwaran very convenient and helpful. Very few people can become kali, but all who are able to read can study and use the Luwaran. Consequently the Luwaran has had general use, and copies of it are seen in all the districts that speak the Magindanao dialect. To establish this fact copies of it were secured from the ruling datus of Bagumbayan and of Saraya or the upper valley.

The copy [12] secured from Datu Mastura is by far the most complete of all. The text is well written, neat, and distinct. The original Arabic articles are written separately on the margin of the book and opposite the Magindanao articles with which they were supposed to correspond. Datu Mastura is the best living descendant and representative of the house of Mindanao, and he probably owns the most reliable books and doc.u.ments that have been transmitted from the previous generations.

This book is certainly the best specimen of Magindanao literature; it is genuine, correct, and well written. On account of inability to secure the book itself, an accurate and exact copy of the same was taken. The Magindanao articles are written separately and are numbered for convenience in reference. The translation is not exactly literal, but nearly so.

The Arabic marginal quotations are copied separately and are numbered in the order in which they appeared in the original copy. They are also translated, and a table indicating the Arabic quotation which corresponds to each article of the Luwaran is attached to the introduction to the translation.

In actual practice the Moros do not distinguish between custom and law. Many of their customs are given the force of law, and many laws are set aside on account of contradiction to the prevailing customs of the day.

Slavery is such an established custom and inst.i.tution of the land that it is generally sanctioned and supported in the Luwaran.

An oath on the Quran is so firmly binding and the fear of perjury is so strong in the mind of the Moro that oaths are generally taken and are always regarded as sufficient confirmation even in the absence of evidence.

The Moros are not strict nor just in the execution of the law. The laws relating to murder, adultery, and inheritance are seldom strictly complied with. Indeed, the laws of inheritance as given in the Luwaran are generally disregarded and are seldom considered at all. Mohammedan law does not recognize cla.s.ses, except the slave cla.s.s. But Moro law is not applied equally to all cla.s.ses. Great preference is shown the datu cla.s.s, and little consideration is given to the children of concubines.

The Luwaran, nevertheless, is the recognized law of the land and compliance with it is a virtue.