Studies in Moro History, Law, and Religion Part 17

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. G.o.d 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 s.e.xual intercourse, half the dower shall be paid. If the divorce occurs after s.e.xual intercourse, all the dower shall be paid.

15. No dower shall be paid if the marriage contract is broken prior to s.e.xual 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 const.i.tute 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 ident.i.ty 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.